Nebraska State Register

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

Amend - Title 471 NAC 18 - Physicians' Services

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

Amend - Title 477 NAC 29 - Heritage Health Adult Program

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 It also provides updates to the Nebraska Supplement to the MUTCD, and removes outdated references to previous versions from the regulation.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

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 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.

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.

Amend 92 NAC 11 (Early Childhood Education Programs)

AMEND 247 NAC 2. The proposed amendment clarifies that the rule and regulation does not apply to schools exclusively providing federal Entry-Level Driver Training (ELDT) under the Federal Motor Carrier Safety Act. The amended rule also requires applicants to pass a criminal background check and sets revocation periods for first time or multiple violators of the rule to a 60 day or a permanent revocation of their license as a driver training school.

Wildlife Chapter 19 October 2025

Wildlife Chapter 18 October 2025

Wildlife Chapter 7 October 2025

Wildlife Chapter 5 October 2025

Wildlife Chapter 3 October 2025

Wildlife Chapter 1 October 25

Amend 230 NAC 3 PEO. The changes being proposed return PEO registration fees to amounts previously established prior to January 1, 2017. The initial registration fee reverts from $250 to $2,500. The annual renewal of registration fee reverts from $150 to $1,500. The initial limited registration fee reverts from $100 to $1,000. An increase in revenue provides funding to support work activities as a result of LB293 and removes general fund impact from that legislation. The revision to the PEO Registration Act requires PEOs offering a health benefit plan to file annual financial statements with the NDOL. Those annual statements must include information regarding the financial solvency of the health benefit plans to ensure the plans are sufficient to pay claims and associated expenses. The Department of Labor must review those annual statements to ensure the PEO health benefit plan remains solvent.

Title 164 Fisheries Regulations Chapter 6

Amend Commercial Feed Regulations. The Department is planning to use the additional funds generated by the change to replace general funds currently being used. The fee increase is primarily needed to maintain operation of the feed program at the current level over the next few years. There has been a large increase in the costs of staffing the program particularly from the rising cost of employee benefits. For example, the Department has had a 31% increase in employee health insurance costs. The fee increase would also go toward upgrades to laboratory equipment for feed testing. Additional ongoing program needs include transportation and lodging costs which have been subject to inflation. Without the fee increase, the program would need to be downsized, and services reduced.

Title 436, Chapter 1-6. Nebraska Uniform Commercial Code 9-526 provides that the Secretary of State shall adopt and promulgate rules to implement Article 9 of the Uniform Commercial Code (UCC). UCC 9-526 requires the Secretary of State to consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization. Please note this organization is now named the International Association of Commercial Administrators (IACA).

Title 166 Chapter 20

Title 163 Chapter 5

Amend 92 NAC 86 (Public School Breakfast Program Reimbursement)

Amend 92 NAC 8 (Community Achievement Plan Approval)

REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED. The new regulatory language will reflect the Statutory changes and allow for the increase in fee collection for the reviews. The new maximum amount is set at $5,000 with the cost being $1.50 per $1,000 of project cost. The changes also include notice that the late fee and review for compliance with the Nebraska Accessibility Guidelines will be charged at the amounts set forth in Statute. The Agency sent out notice to several affected parties to let them know of the increase in the fee structure. As was reflected in the Public Hearing, there has been little to no opposition to this regulation update.

Amend - Title 477 NAC 29 - Heritage Health Adult Program

Amend 79 NAC 3 & 4 Law Enforcment Reciprocity & Certification Status

Amend - Title 475 NAC 1 - General Provisions

New Chapter 20 June 2025

Amend 92 NAC 15 (English Learner Programs)

Amend 291 Ch. 15 Enhanced 911 Services Rules and Regulations. LB 362 combines the Emergency Telephone Communications Systems Act and the Enhanced Wireless 911 Services Act, into the 911 Service System Act. Unnecessary provisions were eliminated and harmonized the different definitions provisions within each Act. The bill also eliminated Enhanced Wireless 911 Advisory Board as mandated by LB 362. Additionally, these proposed regulations include the addition of a section outlining the training standards for all PSAPs and Secondary Communications centers. The changes to Chapter 15, ensures consistency with LB 362.

Amend 92 NAC 15 (English Learner Programs)

Amendments to Title 301, Chapter 1. In 2023, in response to LB892, which required a real estate agent be used when marketing an equitable interest in real property (selling the contractual interest in a pending contract, rather than conveying title, commonly referred to as wholesaling) the agency regulations were amended to accommodate the nontraditional relationship between the owner (title holder), wholesaler (contract holder) and the buyer. Language in sections 005 and 006 of the regulations was adopted to make sure disclosures were made to the title owner and the buyer about the transaction. The obvious intent was that the agent must make an agency disclosure to the property owner of what they are doing even though they are working directly with the contract holder or wholesaler. Section 006 was obviously intended to apply to the wholesaling situation, which is referenced in section 005, not section 001. So this change it to correct an improper citation as provided in the Administrative Procedures Act

Amendments To Title 299 Chapters 1 & 5 (2025). The primary substantive change in these amendments relate to requiring salesperson applicants to take specific pre-license courses that cover the basics or real estate practice. These courses, Real Estate Principles and Practices, and Nebraska Real Estate License Law, will better prepare licensees for both the real estate exam, and real estate practice. The changes are made in conjunction with LB187 (2024), which adds on additional 30 hour pre-license course to salesperson's licensing requirements. The bill also change a provision related to disclosure when being compensated by more than on party in a transaction. With the new provision the disclosure can be made in the purchase agreement rather than a separate document executed prior to the purchase agreement.

Amend 93 NAC 1-16 (Personnel Rules)

Amend 92 NAC 3 (High Ability Learners)

Repeal 92 NAC 26 (Mentor Teacher Program)

Repeal 92 NAC 25 (Excellence in Teaching Act)

Repeal 92 NAC 22 (Master Teacher Program)

Repeal 92 NAC 8 (School Finance and Budgeting)

Title 168 Shooting Ranges and Hunter Education Regulations

Title 167 Parks Regulations

Title 166 Wildlife Regulations

Title 165 Boating Regulations

Title 164 Fisheries Regulations