Nebraska State Register

Adopt 19 NAC 1 Manufactured-Protein Food Product Regulations. The Manufactured-Protein Food Product Regulations implement §81-2,283 of the Nebraska Pure Food Act, Neb. Rev. Stat. §§81-2,239 to 81-2,292. The Department is adopting these regulations to establish standards for determining when manufactured protein food is misbranded or being falsely advertised. If these regulations are not amended, the consumers will continue to potentially be mislead regarding the food products they are purchasing.

Title 163 Chapter 4 Wildlife Regulations 10-25

Title 163 Chapter 2 Fisheries Regulations

Rules for the Safey of Dams and Reservoirs. Main substantive changes to dam safety rules are removing unnecessary rules that do not reflect current Dam Safety program practice, updating rules to reflect current technology and/or Dam Safety program practice, reducing and eliminating fees, and waiving certain application requirements.

Amend - Title 177 NAC 7 - Rules and Regulations to Analyses for the Determination of Drug Content in Urine While Driving Under the Influence of Drugs

Adopt - Title 172 NAC 86 - Behavior Analyst

Adopt: 281 NAC 1; Amend: 281 NAC 5, 8

Amend - Title 179 NAC 1 - Rules and Regulations Governing Fluoridation of Water Supplies

Amend 27 NAC 10 Weights and Measures Regulations

Title 163 Chapter 5 State Park Regulations

Amend - Title 172 NAC 29 - Chiropractic

Amend Title 80 NAC Chapters 1-3

Amend - Title 472 NAC 1 - 3, Repeal - Title 472 NAC 4

Amend - Title 477 NAC 25 - Budgeting for the Medically Needy

Title 433 Chapters 7,8 - ENotary-Online Notary Update. Deleting Section 12 of both Chapter 7 and Chapter 8 to remove this unnecessary requirement.

Amend - Title 175 NAC 1 - General Facility and Services Regulations

Amend - Title 471 NAC 27 - Non-Emergency Transportation (NET) Services

Title 163 Chapter 5 State Park Regulations

Title 163 Chapter 4 Wildlife Regulations

Title 163 Chapter 2 Fisheries Regulations

Amend 25 NAC 7 Nebraska Seed Law Regulations. The amended regulations include a list of normative plant species for which a tetrazolium (TZ) test may be used as the official test to indicate the viability of the seed pursuant to a mandatory regulatory requirement in LB91 which stated the Director of Agriculture has the duty to establish such a list by rules and regulations. The regulations also add to the species on the list of prohibited noxious weed seeds. 77?ese species were added because they are detrimental to the state and should not be sold for planting in the state. Additionally, changes were made to the regulations to reflect only the essential requirements for the seed program.

Title 305, Chapters 3 & 4, 2024

Amendment to 179 NAC 13 ATTACHMENT 2. The proposed rule amends the protocol for determining whether groundwater is under the direct influence of surface water. Currently, the presence of any green algae, blue-green algae, diatoms, nematodes, flagellates, or gastrotrichs is conclusive evidence of surface water influence. The proposed amendments provide that the mere presence of any of these is only evidence of only potential surface water influence, triggering an engineering review of the source. Further, the proposed amendments add new language stating the identification of giardia or cryptosporidium cyst is considered conclusive evidence of direct surface water influence. The entities impacted are those engaged in the treatment of groundwater.

Amendments to Title 299, Chapter 8, 2024

Amend 92 NAC 28 (Professional Practices) and Repeal 92 NAC 29 (Professional Practices)

Beginning Farmer Tax Credit Act Regulations. • Amend the regulation specific to Neb. Rev. Stat. §77-5209(1), 77-5209(2) and 77-5211(8). The proposed changes reflect the statutory change in determining a beginning farmer’s net worth; and • Clarify the method of determining and monitoring annual cap; and • grant the board the authority to review and approve applications on a first come, first serve basis in regard to the cap; and • further define the method used by the board to determine the owner’s cash equivalent of the dollar amounts of the owners’ predetermined portion of the share rent agreement; and • update deadlines for applications; and • simplify the regulations by removing language that is redundant of the Act.

Chapter 5. This new rule will implement the Statutory requirements of LB 376. (2023)

Amend 291 Ch. 9 Natural Gas and Oil Pipeline Rules and Regulations. The proposed rules amend Title 291, Chapter 9 of Natural Gas and Oil Pipeline Rules & Regulations are necessary to modernize and update procedures, correct typographical errors and clarify and reorganize various sections, and conduct an overall cleanup of Section 001 through Section 022 of its Rules. This includes the replacement or addition of clarifying subsections and the removal of others that are no longer relevant. There are also updates to certain terminology and language throughout Section 001 to Section 022.

New Rules for When Use of Public Private Partnerships may be Appropriate. The purpose of the proposed rules is to set forth the criteria to be used in determining when P3 is to be used for a particular water and natural resources project, which has not been previously utilized by the Department. o Section 01.01 adopts definitions for the terms, “Alternative Project Delivery Method,” “Public Private Partnership, or P3,” and “Value-for-Money.” o Section 01.02 states that the purpose of the rules is to implement Neb. Rev. Stat. § 61-520, which establishes criteria to be used in determining when a P3 Alternative Project Delivery Method should be considered for a particular Department water and natural resources project. o Section 01.03 establishes public policy reasons for when the Department promotes and encourages the use of P3 to be more appropriate than other Alternative Delivery Methods. o Section 01.04 adopts several criteria to weigh in analyzing when use of P3 may be appropriate for delivery of a Department water and natural resources project. For example, whether the project presents complex technical requirements; whether P3 delivery may better meet the public expectations for project approach, project cost, and completion; whether P3 delivery may make for more efficient use of State resources; and various capital planning, budgetary, and other monetary considerations the Department may take into account. - 2 - o Section 01.05 adopts interpretive intent and identifies constraints of the proposed rules that the Department may take into consideration. Specifically, the Department is not required to use the P3 delivery method, and will conduct analyses on whether P3 is appropriate on an individual project basis. Furthermore, the criteria listed in the rule are not exclusive and no single criterion is to be construed as more or less important than another.

Title 163 Chapter 4 Wildlife Regulations

Amend 291 Ch. 3 Motor Carrier Rules and Regulations. The proposed rules modify regulations to impose the same requirements on drivers who transport railroad personnel as those imposed on drivers for transportation network companies. The amended rules see an addition of Section 13.08D, which outlines the moving violations and criminal convictions that would disqualify a person from being employed as a licensee transporting employees of railroad carriers.

Amend - Title 471 NAC 1 - Administration, Adopt - Title 471 NAC 47 - Telehealth

237-LCC5

Amend 48 NAC 6, 7, 9, & 12 (2024). See attached file

Amend Title 79 NAC Chapter 8 TRAINING ACADEMY ADMISSION QUALIFICATIONS AND PROCEDURES

Title 163 Chapter 4 Wildlife Regulations

433 NAC 9 - Home Inspectors Renewal Added. The Legislature enacted Neb. Rev. Stat. §§ 76-3601 to 76-3606 in 2021, requiring home inspectors to register with the Secretary of State. Following its implementation in January 2023, it became apparent that, for practical and administrative reasons, the Act should be amended to adopt a biennial (2 year) renewal period for the registrants. Subsequently, the Legislature enacted LB 531, which adopted a biennial renewal period and gave this office the authority to charge a fee for renewal applications from home inspectors. Section 001: Adds the Registration Renewal Form to the list of available forms. Creates the Registration Renewal fee of $150 for the biennial renewal by home inspectors.

Amend Title 261 - Administration of Water Sustainability Fund