Nebraska State Register

Title 163 Administration Regulations

Amend 92 NAC 3 (High Ability Learners)

Repeal 272 NAC 2 Administration of the Security, Privacy, and Dissemination of the Criminal History Information Act. The proposed change is a repeal of Title 272 chapter 2 in its entirety.

Amend 316 NAC 35 Charitable Gaming Regulations - Bingo

Amend - Title 294 NAC 1-25

Amend - Title 405 NAC 2 - Nursing Facility Quality Assurance Assessment Act

Amend 291 Ch. 8 Grain Warehouse and Grain Dealer Rules and Regulations. Definitions 001.01T Receipt, 001.01U Receipt (collateral), and 001.01V Receipt (electronic) were re-incorporated into the proposed rule, thereby striking the proposed change and reverting back to the original. Due to the above reversion to the original rules, the definitions which followed were re-numbered accordingly. A correction was made to the Section 002.12A3 to change it to 002.12A2

Amend Title 110 NAC Board of Engineers and Architects. See Explanatory Statement PDF

Amend - Title 177 NAC 7 - Analyses For The Determination of the Drug Content In Urine While Driving Under The Influence of Drugs

AMEND 298 NAC 1-4; 6-8 - Requirements and Processes for Real Property Appraiser Credentialing, Renewal, and Education Activities; AMC Registration and Renewal; and Investigations. The following changes are made to Title 298: CHAPTER 1 - GENERAL PROVISIONS • 001.07 - “Course does not include an activity offered in a conference setting” is added to clarify that a conference is not the same as a course for a continuing education activity. This change allows the Board more flexibility when a conference is submitted for approval as a continuing education activity. • 001.11 – The definition of secondary provider is moved from 001.10 to 001.11 to maintain alphabetical order for definitions. • 013 – The language under this section is amended to state, “As applicable, the Board shall apply the Occupational Board Reform Act, NEB. REV. STAT. § 84-934 et. seq., when administering and enforcing this Title.” All language pertaining to the procedures for administration of the preliminary criminal history review are removed as the preliminary criminal history review requirements do not apply to the Board. CHAPTER 2 - REAL PROPERTY APPRAISER CREDENTIAL • 001.01A; 001.02A; 001.03A; 001.04A – The qualifying education requirements for the trainee, licensed residential, certified residential, and certified general classifications are amended to include eight hours of valuation bias and fair housing laws and regulations after December 31, 2025. Eight hours of appraisal subject matter electives is removed for the certified residential and certified general classifications. These changes implement 2026 Criteria as authorized in LB992. • 001.03D.2; 001.03E.2; 001.04B.2; 001.04C.2 – The qualifying education requirements for upgrading to the certified residential, and certified general classifications are amended to account for the eight hours of valuation bias and fair housing laws and regulations required for each classification after December 31, 2025. Eight hours of appraisal subject matter electives is removed for upgrade to the certified residential and certified general classifications when applicable. These changes are to implement 2026 Criteria as authorized in LB992. • 001.02B; 001.04B; 001.04C; 001.04D – Non-substantial changes are made to the language in the upgrade requirements of the licensed residential real property appraiser and certified general real property appraiser to provide for better clarification and consistent language structure between all classifications. • 002.01; 002.02; 002.04 – Language is added to clarify that a person who obtains real property appraisal practice experience through participation in a PAREA program is not required to be a credential holder in Nebraska; the requirements for experience obtained in another jurisdiction do not apply to a person who obtains real property appraisal practice experience through participation in a PAREA program; and the signature and attribution requirements do not apply to a person who obtains real property appraisal practice experience through participation in a PAREA program. • 002.03; 002.09; 002.09A; 002.12A.2 – Language is added to clarify that real property appraisal practice experience obtained through the completion of a PAREA program is subject to the Board’s review and determination of acceptability. • 002.02 - The real property appraisal practice experience required for credentialing as a licensed residential, certified residential, or certified general real property appraiser that may be obtained in another jurisdiction is increased from 50% to 100%. In addition, “Section 002 of this Chapter and” is added to clarify that the real property appraisal practice experience must meet the requirements of Title 298 in addition to the laws of the jurisdiction in which it was obtained. • 002.06 - There need not be a client in a traditional sense (i.e., a client hiring a real property appraiser for a business purpose) in order for an assignment results report t

Chapter 5 Revisions. The changes clarify an ambiguity/issue related to the registration of experimental tap handles.

Chapter 6. The substantive changes have been proposed due to different reasons. The change to the Disturbance rule is required due to an interpretation by the Nebraska Supreme Court. The change to the common carrier rule is based on the changing marketplace and the expansion of the Direct Shippers of alcohol to final use consumers. The change to the Quantity Discounts is based on a request for clarification from the Nebraska Liquor Wholesalers and a clarification of the existing rules as it applies to “things of value”.

Amend Title 171 NAC Chapter 1. The Board is raising fees for several applications and renewals, removing Rule 1.4.2 related to the validity of the initial license period and renewal fee, and revising Rule 1.4.7 to remove the reference to exam seat reservation fees no longer collected by the Board. Revisions are being made to Rule 1.7 to allow for alternative methods of notifying the Board of a contact or name change.

Amend 92 NAC 24 (Certificate Endorsements). Chapter 24 is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-805 through 79-815, and 79-1505 and changes made by the Legislature in section 69 of LB 1329 enacted in 2024. The purpose of the proposed revisions to Rule 24 is to address the educator shortage by removing barriers, ensure alternative pathways, align regulations with recent statutory changes, and general maintenance. The current version of Rule 24 was last updated June 2, 2024. Changes contained in the draft rule revision include: 1. Eliminate the identification of a singular company to be utilized for a content examination; 2. Eliminate the requirement of a content test to qualify for an endorsement; 3. Provide for additional pathways to earn additional endorsements as outlined in Neb. Rev. Stat. 79-810; 4. Eliminate requirement for additional student teaching requirements for applicants adding an endorsement; 5. Provide educator preparation programs the ability to reduce the total required credit hours for any teaching endorsement by up to fifty (50) percent based on demonstrated competency in the endorsement area; 6. Eliminate redundancy of the two years of teaching experience requirement as 92NAC21 requires two years of teaching experience to qualify for an administrative certificate; 7. Add Computer Science endorsement; 8. Clarify semester hour requirements for Special Education Generalist endorsement to reflect endorsement hours needed in special education content; 9. Adjust regulations allowing for undergraduate semester hours to be accepted toward a Special Education Early Childhood endorsement; 10. Adjust semester hour requirements for the Special Education Early Intervention Specialist endorsement; and 11. Add designated endorsements section to comply with Neb. Rev. Stat. 79-810.

Amend 92 NAC 21 (Educator Certification). Chapter 21 is adopted pursuant to Neb. Rev. Stat. §§ 79-318, 79-807 through 79-816.01, and 79-8,145 through 79-8,145.01 and changes made by the Legislature in section 4 through 6, of LB 298 enacted in 2023, section 87 and 88 of LB 705 enacted in 2023, and section 69 through 71 of LB 1329 enacted in 2024. The purpose of the proposed revisions to Rule 21 is to address the educator shortage by removing barriers, ensuring alternative pathways, retaining quality, simplifying the educator certification regulations, and aligning regulations with recent statutory changes. The current version of Rule 21 was last updated February 18, 2024. Changes contained in the draft rule revision include: 1. Section 002.08, 002.13, and 002.30, add definitions to operationalize Neb. Rev. Stat. 1505, Interstate Teacher Mobility Compact; 2. Section 003.01, elimination of transcripts from Nebraska standard institutions of higher education when a certification officer provides a recommendation to the Department for the purpose of certification; 3. Section 004.06 and 004.07, provides for equivalent professional development to be considered toward renewal requirements of administrative certificates while also simplifying the renewal requirements, making no distinction to the length of time the certificate has expired; 4. Section 005.04, 005.09, and the elimination of 005.10, provides for equivalent professional development to be considered toward renewal requirements of regular teaching certificates while also simplifying the renewal requirements, making no distinction to the length of time the certificate has expired; 5. 005.10 through 005.12, simplifies the alternative program teaching permit from seven pathways to one inclusive pathway; 6. Section 005.13 through 005.15, operationalizes the alternative teaching certificate as identified in Neb. Rev. Stat. 79-8,145.01; 7. Section 005.26, aligns the credit hour requirement for local substitute permit holders to an equivalent level required for a temporary certificate as outlined in Neb. Rev. Stat. 79-8,145; 8. Section 005.28 through 005.30, creates a Paraprofessional Substitute Teaching Permit allowing paraprofessionals who hold this permit the ability to substitute teach with a limited scope of practice; 9. 005.26 through 005.30, eliminates the Nebraska Entry Teaching Permit as the permit type does not provide any additional flexibility given the combination of revisions made to this chapter; 10. Section 006, revisions made to align temporary certificates to Neb. Rev. Stat.79-808 and

Title 179, Chapter 13, Attachment 2. The proposed rule amends the protocol for determining whether groundwater is under the direct influence of surface water.

Amend Title 288 Chapter 9 Education. Proposed rule changes are to compliment recent amendments to the Nebraska Public Accountancy Act (PAA) allowing candidates sitting for the United States Uniform CPA Examination (examination) to start the examination after obtaining 120 credit hours of approved education, including a bachelor’s degree, commencing on January 1, 2025. Utilizing recommendations from their Education Advisory Committee and an Education Task Force, the Board proposes education requirements to begin the examination at 120-credit hours of education if the candidate so chooses.

Amend - Title 172 NAC 97 - Approval of Basic Nursing Programs in Nebraska

Amend 291, Ch. 8 Grain Warehouse and Grain Dealers Rules and Regulations. The following changes are being proposed due to the passage of LB 262: 1. Change Warehouseman to Warehouse Operator 2. Update definition of Grain to add organic 3. Increase requirements surrounding a primary party background check for both Grain Warehouses and Grain Dealers 4. Increase required maximum security for both Grain Warehouses and Grain Dealers 5. Remove Commission requirement to set maximum storage rates The following changes were proposed at the discretion of the Commission: 1. In Section 001, various definitions were formatted or removed. Some definitions were unnecessary or redundant. 2. Forms and references to forms within the rules were removed. This gives the Commission flexibility to update its forms if needed. 3. 002.03F & 003.02F application deadline was added. Allows Commission to dispose of dockets that have been abandoned by the applicant. 4. 002.04C3 disallowed stock insurance deductible and the value of LLCs to appraisals. Aligns with standard industry practice. 5. 002. 05A 1 increased the formula for security calculation from $.20 per bushel to $.25. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 6. 002.05A3 increased the formula for security calculation from $.020 per bushel to $.025. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 7. 002.05D2, 002.05D3, & 003.0482 added the National Credit Union Administration as an accepted financial institution. Added in response to request from the industry. 8. 002.06C removed the requirement to submit an application to the Commission if a Warehouse holds a deductible on its insurance greater than $10,000. Removes unnecessary requirement to file an application, but still allows Commission review. 9. 002.07C was removed. Aligns with standard industry practices and current Commission practices. 10. Modernized sections to allow for electronic record keeping and filings throughout the rules. 11 . 003.03H increased net worth requirement for Grain Dealers from $10,000 to $250,000. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation. 12. 003.04A increased formula to calculate minimum security required from 7% to 10% of grain purchases. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation.

Adopt - Title 172 NAC 86 - Behavior Analyst

92 NAC 4 (Textbook Loans w/o nonsectarian). The purpose of the proposed revisions to Rule 4 is to set forth the procedures for the Commissioner of Education to loan textbooks to private school children in response to the changes made in Section 80 of LB705 enacted in 2023.

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.