Nebraska State Register

Title 167 Parks Chapter 5 Permits

Title 164 Fisheries Chapter 6 Sportfish

Title 163 Administration Chapter 10

Title 163 Administration Chapter 5 Permits

Amend - Title 479 NAC 1 - Maintenance Payments and Guardianship Accounts

Adopt Title 196 - Nebraska Public Swimming Pool Standards. See above.

Title 132 - Integrated Solid Waste Management Regulations. DWEE proposes to revise Title 132 in five (5) areas: • First, the proposal adopts the federal regulatory program for the management of Coal Combustion Residuals or “CCR” that took effect at the federal level in October 2015. CCR is the various types of ash and other residues that are generated from the burning of coal in electric power plants. This material was unregulated at the federal level prior to October 2015, but Nebraska has regulated it and required permits for its disposal since the early 1990s. The term used in the current state program for this material is “fossil fuel combustion ash” or “FFCA”. The current state regulations are proposed to be replaced by the more recent federal regulations. • Second, the proposal improves the regulatory text in its readability, clarity, and consistency of application. • Third, the proposal moves and streamlines regulations for the land application of paunch manure from Title 126 to 132 which is a more appropriate location for these requirements. • Fourth, the proposal updates the agency name throughout Title 132 from “Department of Environmental Quality” (the agency name at the time of Title 132’s last regulatory update) to “Department of Water, Energy, and Environment” as a result of LB317 passed in 2025. • Fifth, the proposal updates the regulations for consistency with another legislative bill passed in 2025, LB247, which increased the landfill tipping fee from $1.25/ton of solid waste to $2.34/ton.

Title 130 - Livestock Waste Control Regulations. The proposed revisions make two (2) necessary changes: 1. The agency name is updated to Nebraska Department of Water, Energy, and Environment (DWEE) throughout Title 130 in response to the passage of LB317 merging the Nebraska Department of Natural Resources (NeDNR) and Nebraska Department of Environment and Energy (NDEE). 2. Forms A through D in Title 130 related to livestock facility permit applications and nutrient management are proposed to be removed from regulation. Once removed from regulation, the forms will continue to be made available in both electronic format on the agency website and paper format on request. Form E – ‘Field Phosphorous Risk Assessment’ will be retained and renamed as Appendix A on both the form itself and in references to the form throughout Title 130. Form E must be kept in regulation due to its use as a reference document in relation to land application requirements in Chapter 5, 007.05 and Chapter 14, 001.14.

Adopt Commercial Dog and Cat Operator Fees. The Act provides that the fees charged under subdivision (3)(a) of §54-627 may be increased by one hundred dollars. The fee charged under subdivision (3)(f) of §54-627 may be increased up to three dollars times the number of dogs or cats harbored by the licensee over the previous twelve-month period. The Department is adopting these regulations to increase the fees up to the maximum amounts for license holders under the Act. The current fees were set in 2015. The Department is planning to use the additional funds generated by the change to cover the actual costs of the program and to avoid using general funds.

TITLE 169 State Game Refuge Boundaries

Repeal Title 459

Title 166 Chapter 20 Mountain Lions

Amend - Title 475 NAC 2 - Household Processing - Amend - Title 475 NAC 3 - Eligibility

AMEND TITLE 302 CHAPTER 1-SELLER PROPERTY CONDITION DISCLOSURE STATEMENT. This amendment was proposed by the Commission. There changes to the form add questions concerning smart home devices, electric vehicle chargers, renovations, sewer systems and owner occupancy. The order of items on the form changed to reflect areas of the property that were similar, and provided for additional comment sections. The Commission has statutory authority to promulgate this change under Neb. Rev. Stat. §81-885.07(5), and believes the proposed amendment is consistent with legislative intent.

Amend - Title 471 NAC 18 - Physicians' Services

Amend - Title 471 NAC 10 - Hospitals - Amend Title 471 NAC 46 - Rates for Hospital Services

AMEND Chap. 13 NAC 288

AMEND Chap. 9 NAC 288

AMEND Chap. 8 NAC 288

AMEND Chap. 7 NAC 288

Title 134 - Water Well Standards. See above.

AMEND Chap. 3 NAC 288

Amend - Title 471 NAC 7 - Durable Medical Equipment, Prosthetics, Orthotics, and Medical Supplies (DMEPOS)

Amend 92 NAC 11 (Early Childhood Education Programs). Eligibility for students who could be, but are not required to be, enrolled in kindergarten based on their age as authorized by the changes made in sections 9 and 10 of LB 71 (2024); Provides that suspension of prekindergarten children is governed by Neb. Rev. Stat. § 79-265.01; Simplification of the teacher waiver process for early childhood education; and Alternatives to current teacher certification requirements.

Collection Agency's Solicitor Fee. Increasing the solicitor certificate fee from $1 to $2. This will keep the Board fiscally sound. Without this change, the Board would receive less in revenue than its expenditures, which the difference increasing each subsequent year.

Amend - Title 471 NAC 18 - Physicians' Services

Amend - Title 471 NAC 10 & 46 - Hospital Services & Rates for Hospital Services

Adopt - Title 238 NAC 1 - Registered Cannabis Establishments

Amend 92 NAC 24 (Certificate Endorsements)

Amend - Title 477 NAC 29 - Heritage Health Adult Program

Title 129 - Nebraska Air Quality Regulations. The amendments make changes in Title 129, Chapters 1 through 9, 11 through 16, and in Appendices I and II. The proposed revisions correct typographical errors, clarify and simplify regulatory language, update reference dates for some federal regulations cited in the title, incorporate recent federal rulemaking, reduce the notification timeframe for preconstruction activities, add definitions of terms used in the regulations, and revise the agency name to reflect the NDEE-NDNR merger (LB317).

AMEND 411 NAC 1 Manual on Uniform Traffic Control Devices. The amended rule will adopt the 11th edition of the Manual on Uniform Traffic Control Devices (MUTCD), replacing the 2009 edition. It also provides updates to the Nebraska Supplement to the MUTCD, and removes outdated references to previous versions from the regulation. Finally, it provides an updated link to view the content of both the MUTCD and Nebraska Supplement

Amend 92 NAC 13 (Exempt Schools)

Amend 92 NAC 51 (Special Education)

Title 457 - Rules for Surface Water. Title 457 reflects the Department’s procedures for general surface water administration including applying for various surface water appropriations, transfers, variances, relinquishments, updates to contact and ownership information, and the Department’s determinations related to fully appropriated basins. The rules will impact those who hold surface water appropriations or who want to apply for such appropriations in the state. The main substantive changes are removing unnecessary rules that do not reflect current surface water program practices, changing rules to refer to Department application forms, adding clarifying definitions related to surface water administration, and changing the filing procedure for variances in a moratorium area. These revisions will align Title 457 with the surface water program’s current policies and practices. They will also update references to the newly merged Department of Water, Energy, and Environment and Chief Water Officer position as a result of previous legislation (2025 Neb. Laws, LB317 passed on May 6, 2025).

Amend 92 NAC 47 (Career Academy Programs)

Title 134. The primary changes entail an update to the fee schedule, as well as conforming amendments made in light of the legislative transfer of the well driller program from the Department of Health and Human Services (“DHHS”) to the then-Department of Environment and Energy (“DEE”) (Laws 2021, LB148), and, second, by the merger of the Department of Environment and Energy and the Department of Natural Resources (“DNR”) (Laws 2025, LB317).

Amendments to Title 129. The amendments make changes in Title 129, Chapters 1 through 9, 11 through 16, and in Appendices I and II. The proposed revisions correct typographical errors, clarify and simplify regulatory language, update reference dates for some federal regulations cited in the title, incorporate recent federal rulemaking, reduce the notification timeframe for preconstruction activities, add definitions of terms used in the regulations, and revise the agency name to reflect the NDEE-NDNR merger (LB317). Retained regulations are renumbered appropriately and chapter and section references are updated accordingly. Administrative changes to correct/revise grammar, capitalization, numbering, spelling, and typographical errors throughout the regulations. Please refer to the attached Title 129 Crosswalk documents for detailed line-item revisions and descriptions which is incorporated in this memo by this reference. All Chapters and Appendices • Update Code of Federal Regulations (CFR) citation to “July 1, 2023” • Change department name to “Department of Water, Energy, and Environment” and replace “NDEE” with “DWEE” • Correct typographical, grammatical, and formatting errors • Update formatting to accommodate revisions • Simplify language as needed Chapter 1 General Provisions; Definitions • Add definitions o “air pollutant” (new section 002.10) o “council” (new section 002.34) o “person” (new section 002.72) • Clarify definition of “Complete” (section 002.28) by adding “as deemed by the Department” Chapter 2 Nebraska Air Quality Standards • Spell out “sulfur dioxide” (section 002.02) Chapter 3 Construction Permits • Reformat/revise language to o describe and clarify the construction permit process and activities allowed prior to receipt of a permit (section 001.01), o list eligibility for preconstruction activities (section 001.01A), and o list required actions before initiating pre-construction activities and change notification timeframe from 30 to five (5) days (section 001.01) • Spell out pollutants o “particulate matter” (section 001.03A1) o “fine particulate matter” (section 001.03A2) Chapter 4 Prevention of Significant Deterioration (PSD) • Add “as of July 1, 2023” to clarify the version of CFR referenced (section 001) • Replace “Part” with “§” (section 001.02O) Chapter 5 Acid Rain • Update Code of Federal Regulations (CFR) citation to “2023” (section 001) Chapter 6 Operating Permits • Administrative changes (grammar, spelling, capitalization, terminology) • Remove section 005, which references now-obsolete federal regulations • Update Code of Federal Regulations (CFR) citation to “2023” (section 010) Chapter 7 General Permits • Administrative changes (capitalization) Chapter 8 Permits-by-Rule • Administrative changes (grammar, spelling, chapter reference, renumbering) Chapter 9 Permit Revisions; Opening for Cause • Administrative changes (grammar) Chapter 11 Emissions Reporting, When Required • Revise text to reflect the use of electronic emission inventory reporting (sections 001 and 002) Chapter 12 New Source Performance Standards and Emission Limits for Existing Sources • Incorporate New Source Performance Standards (NSPS) applicable to Nebraska sources o Add Subpart BBa – Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013 (section 001.02) o Replace “WWW” with “XXX” (section 001.75) to align with current rule subpart identifier o Add Subpart OOOOa – Crude Oil and Natural Gas Facilities for which Construction, Reconstruction, or Modification Commenced After May 23, 2013 (new section 001.87) o Add Subpart QQQQ – New Residential Hydronic Heaters and Forced-Air Furnaces (new section 001.88) o Add Subpart TTTT – Greenhouse Gas Emissions for Electric Generating Units (new section 001.89) Chapter 13 Hazardous Air Pollutants • Incorporate National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to Neb

Amend Title 432 - Mail Only Precincts. Current rules and regulations for Mail Only Precincts allow county clerks to mail out ballots to registered voters starting 20 days before election day. §32-953 allows ballots for special elections by mail to be mailed out 22 days before election day. This change would harmonize the Mail Only Precincts rules and regulations with special elections conducted by mail statutes and give county clerks in Mail Only Precincts an additional two days in federal elections to mail out ballots. All changes are listed below: • Throughout the chapter: Deleting “shall” and replacing it with “means” or “will” • 002.01: Remove reference to outdated statute reissue. Expand statute range to include Neb. Rev. Stat. §32-960 • 002.02: Change start of mailing from 20 days to the earliest date permitted in Neb. Rev. Stat. §32-953 • 004.01: Change 20 days to reference Section 002.02 • 004.02: Remove reference to mailing ballots 20 days prior to the election. Additionally, clarifies that persons are registered to vote before the voter registration deadline

Create Title 295 Gambling Winnings Setoff Management. This chapter was written to create the enforcement mechanism guidelines for Casino Operators and Racetracks to check for and remit any money owed to the state against the taxable winnings from a patron at either the racetrack or casino.

Amend 92 NAC 89 (Distance Education)

Amend 92 NAC 20 (Educator Preparation Programs)

Amend 296 NAC Chapters 2-3. The reason for the amendments to Chapters 2 and 3 of Title 296 are first, to increase the required number of days required for submission to place an item on the Commission agenda for a public meeting from 7 days to 14 days, and second, to update the language in chapter 3 regarding license types and associated fees. All language about fees for licensing is being removed and a schedule of fees and license types will be posted on the Commission website.

Amend 294 Chapters 1-25. Updates to this title were extensive, and included equine medication standards, jockey standards and safety equipment, exotic wagers, licensing, definitions, and many others.

Barber Board Amendments. To eliminate Duplication of Rules and Regulations in Title 51, and referencing regulations adopted by the NE Attorney General's office, and will not impact anyone.

AMEND 298 NAC 2-3; 6-7 - Requirements and Processes for Real Property Appraiser Credentialing, Renewal, and Education; and AMC Renewal. The following changes are made to Title 298: CHAPTER 2 - REAL PROPERTY APPRAISER CREDENTIAL • 001.02B.2; 001.03D.2b; 001.03E.2b; 001.04B.2b; 001.04C.2b; 001.04D.3 – The qualifying education requirements are amended to include eight hours of valuation bias and fair housing laws and regulations qualifying education for real property appraisers credentialed prior to January 1, 2026 who apply for upgrade to the licensed residential, certified residential, or certified general classification on or after January 1, 2026. • 004.01A.3; 004.02A.3 – The non-refundable criminal history record check fee is changed from $45.25 to $55.00 to implement the Nebraska State Patrol fee increase. CHAPTER 3 - RECIPROCITY AND TEMPORARY REAL PROPERTY APPRAISER CREDENTIAL • 001.01C - The non-refundable criminal history record check fee is changed from $45.25 to $55.00 to implement the Nebraska State Patrol fee increase. CHAPTER 6 - EDUCATION PROVIDER ACTIVITY REQUIREMENTS • 003.02A.6b; 003.02A.6c – “Qualifying” is stricken and “continuing” is added after “for” and before “education” as this section applies to continuing education, not qualifying education. CHAPTER 7 - APPRAISAL MANAGEMENT COMPANY REGISTRATION • 002.01B - The fee schedule for renewal of an AMC registration is amended to remove the $1,850.00 fee for applications received on July 1, 2026 through June 30, 2027 and set the $2,000.00 fee to applications received on or after July 1, 2026. The language pertaining to the fee in effect before or on June 30, 2025 is stricken as it is no longer applicable.

Revisions to Title 231 Ch.1-3, Ch. 6. The changes will allow the Board to further align with the CLARB Uniform Licensure Standard for Landscape Architects, which is the national standard adopted in 2022.