Nebraska State Register

Title 166 Chapter 20 Mountain Lions

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

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.

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 It also provides updates to the Nebraska Supplement to the MUTCD, and removes outdated references to previous versions from the regulation.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

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 Plant Protection and Plant Pest Act Regulations. There is no change to regulatory policy. The Department is planning to use the additional funds generated by the change to cover the actual costs of the program. The amendment updates the American Standard for Nursery Stock version adopted by reference, removes unnecessary language and increases the inspection fees. Anyone paying for reinspection or export fees under the Act would pay an additional three dollars per hour and eight cents per mile and an additional ten dollars per phytosanitary certificate issued.

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)