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361 sections in this chapter.
Neb. Rev. Stat. § 66-1519.01 Petroleum Release Remedial Action Cash Fund; transfer to Wastewater Treatment Facilities Construction Loan Fund; authorized; repayment; contracts authorized.
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(1) Prior to December 31, 1996, the department may authorize the State Treasurer to transfer funds from the Petroleum Release Remedial Action Cash Fund to the Wastewater Treatment Facilities Construction Loan Fund in such amount as determined by the department to be necessary to …
Neb. Rev. Stat. § 66-1520 Owner of registered tank; petroleum release remedial action fee; amount.
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(1) On each January 1, all owners of operating tanks registered in accordance with section 81-15,121 shall pay a petroleum release remedial action fee of ninety dollars to the State Fire Marshal for each registered tank. (2) The State Fire Marshal shall remit the fees received pu…
Neb. Rev. Stat. § 66-1521 Petroleum release remedial action fee; amount; license required; filing; violation; penalty; Department of Revenue; powers and duties; Petroleum Release Remedial Action Collection Fund; created; use; investment.
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(1) A petroleum release remedial action fee is hereby imposed upon the producer, refiner, importer, distributor, wholesaler, or supplier who engages in the sale, distribution, delivery, and use of petroleum within this state, except that the fee shall not be imposed on petroleum …
Neb. Rev. Stat. § 66-1523 Reimbursement; amount; limitations; Prompt Payment Act applicable.
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(1) Except as provided in subsection (2) of this section, the department shall provide reimbursement from the fund in accordance with section 66-1525 to eligible responsible persons for the cost of remedial action for releases reported after July 17, 1983, and on or before June 3…
Neb. Rev. Stat. § 66-1524 State not liable; when; payment of principal and interest on unpaid applications.
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The State of Nebraska shall not be liable for any reimbursement under the Petroleum Release Remedial Action Act in the event that the fund is insufficient to reimburse the amount set forth in section 66-1523. Interest on any unpaid application for reimbursement shall continue to …
Neb. Rev. Stat. § 66-1525 Reimbursement; application; procedure; State Fire Marshal; duties; reduction of reimbursement; notification required.
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(1) Any responsible person or his or her designated representative who has taken remedial action in response to a release first reported after July 17, 1983, and on or before June 30, 2028, or against whom there is a third-party claim may apply to the department under the rules a…
Neb. Rev. Stat. § 66-1526 Reimbursement; not subject to legal process or attachment; when.
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The amount of reimbursement to be paid for remedial action which was done by a third party shall not be subject to legal process or attachment if paid to the responsible person for the purpose of payment to a third party who performed the remedial action.
Neb. Rev. Stat. § 66-1527 Failure to complete remedial action; reimburse fund.
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If the responsible person who has received partial reimbursement from the fund for remedial action does not complete the remedial action as required by the rules and regulations, the responsible person shall reimburse to the fund an amount equal to the reimbursements received fro…
Neb. Rev. Stat. § 66-1528 Person receiving conveyance; action; not barred.
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Nothing in the Petroleum Release Remedial Action Act shall be construed to bar a common-law, statutory, or any other cause of action which may be maintained against a responsible person by a private person who, subsequent to a release, received a conveyance of any right, title, o…
Neb. Rev. Stat. § 66-1529 Reimbursement; assignment; authorized.
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Nothing in the Petroleum Release Remedial Action Act shall be construed to prohibit a responsible person from assigning to a third party any right, title, or interest which the responsible person may have in and to the proceeds from reimbursement for remedial action. Such third p…
Neb. Rev. Stat. § 66-1529.01 Remedial action; fixtures and tangible personal property; treatment.
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(1) The department shall reimburse the responsible person from the fund for damages to fixtures and costs of tangible personal property related to the remedial action as set forth in subsections (2) and (3) of this section. (2) The responsible person shall be reimbursed from the …
Neb. Rev. Stat. § 66-1529.02 Remedial actions by department; third-party claims; recovery of expenses.
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(1) The department may undertake remedial actions in response to a release first reported after July 17, 1983, and on or before June 30, 2028, with money available in the fund if: (a) The responsible person cannot be identified or located; (b) An identified responsible person can…
Neb. Rev. Stat. § 66-1530 Department; federal funding; duty.
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The department shall cooperate in any action necessary to obtain federal funding to carry out the Petroleum Release Remedial Action Act.
Neb. Rev. Stat. § 66-1531 Claim under State Miscellaneous Claims Act authorized; procedure; limitations.
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A person, other than a responsible person, may file a claim with the State Claims Board under the State Miscellaneous Claims Act for (1) property damage caused by a release and (2) reasonable costs directly incurred due to uninhabitability of a dwelling or unfitness of a water su…
Neb. Rev. Stat. § 66-1601 Act, how cited.
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Sections 66-1601 to 66-1627 shall be known and may be cited as the Propane Education and Research Act.
Neb. Rev. Stat. § 66-1602 Purposes of act.
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The purposes of the Propane Education and Research Act are (1) to authorize the creation of an industry-financed entity which will enable the Nebraska propane industry to educate the public and industry employees about proper safety and procedures in the storage, handling, transp…
Neb. Rev. Stat. § 66-1603 Definitions, where found.
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For purposes of the Propane Education and Research Act, the definitions found in sections 66-1604 to 66-1616 shall be used.
Neb. Rev. Stat. § 66-1604 Bulk, defined.
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Bulk means quantities of more than five thousand gallons.
Neb. Rev. Stat. § 66-1605 Council, defined.
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Council means the Propane Education and Research Council established under section 66-1618.
Neb. Rev. Stat. § 66-1606 Education, defined.
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Education means any action which provides information, instruction, or safety guidelines about propane, propane equipment, mechanical and technical practices, and uses of propane to propane consumers or industry employees.
Neb. Rev. Stat. § 66-1607 Industry, defined.
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Industry means those persons involved in the production, transportation, and sale of propane and in the manufacture and distribution of propane utilization equipment.
Neb. Rev. Stat. § 66-1608 Industry trade association, defined.
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Industry trade association means an organization which represents a segment of the industry and which is exempt from tax under section 501(c)(3) or (6) of the Internal Revenue Code.
Neb. Rev. Stat. § 66-1609 Manufacturer and distributor of liquefied petroleum gas equipment, defined.
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Manufacturer and distributor of liquefied petroleum gas equipment means any person engaged in manufacturing, assembling, and marketing appliances, containers, and products used in the liquefied petroleum gas industry and any person in the wholesale marketing of appliances, contai…
Neb. Rev. Stat. § 66-1610 Odorized propane, defined.
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Odorized propane means propane with odorant added.
Neb. Rev. Stat. § 66-1611 Person, defined.
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Person means any: Individual; partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing or managing body of…
Neb. Rev. Stat. § 66-1612 Propane, defined.
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Propane means propane, butane, mixtures, and liquefied petroleum gas as defined by the National Fire Protection Association Standard 58 for the Storage and Handling of Liquefied Petroleum Gases the chemical composition of which is predominantly C3H8, whether recovered from natura…
Neb. Rev. Stat. § 66-1613 Qualified industry organization, defined.
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Qualified industry organization means any organization or industry trade association the members of which are engaged in the sale or distribution of odorized propane to the ultimate consumer or the sale of propane utilization equipment to the ultimate consumer.
Neb. Rev. Stat. § 66-1614 Research, defined.
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Research means any type of study, investigation, or other activity performed by a qualified public or private research group for the purpose of advancing and improving the existing technology related to the propane industry, including the development of increased efficiency of pr…
Neb. Rev. Stat. § 66-1615 Retail marketer, defined.
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Retail marketer means any person with bulk propane storage engaged in the sale of odorized propane to the ultimate consumer or to retail propane dispensers within Nebraska.
Neb. Rev. Stat. § 66-1616 Wholesaler, supplier, or importer, defined.
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Wholesaler, supplier, or importer means the owner of the propane at the time it is first delivered into Nebraska regardless of the state where production occurs, with ownership of the propane determined by the freight on board designation.
Neb. Rev. Stat. § 66-1618 Council; members; appointment; terms.
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(1)(a) The council shall be appointed by the Governor. (b) The council shall consist of five members, including two members representing retail marketers, one member representing wholesalers, suppliers, and importers, one member representing manufacturers and distributors of liqu…
Neb. Rev. Stat. § 66-1619 Council; powers and duties; rules and regulations.
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(1) The council shall provide rules and regulations to carry out its responsibilities under the Propane Education and Research Act. (2) The council may enter into contracts with, use facilities and equipment of, or employ the personnel of a qualified industry organization in carr…
Neb. Rev. Stat. § 66-1620 Council; implement act; use of funds.
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The council shall develop programs and projects and enter into contracts or agreements for implementing the Propane Education and Research Act, including, but not limited to, programs to enhance consumer and employee safety and training, programs to provide research and developme…
Neb. Rev. Stat. § 66-1621 Propane education and research fee; collection and use.
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(1) The council may levy a propane education and research fee on odorized propane sold in Nebraska to fund the Propane Education and Research Act. The fee shall not exceed two-tenths of one cent per gallon. The fee shall be calculated by multiplying the fee rate by the number of …
Neb. Rev. Stat. § 66-1622 Act; how construed.
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The Propane Education and Research Act does not preempt or supersede any other program relating to propane safety or education which has been organized and is operating under state law.
Neb. Rev. Stat. § 66-1623 Retail marketers; liability insurance; employees; training requirements; violation; penalty.
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All retail marketers of retail propane in Nebraska shall carry minimum liability insurance coverage of at least two million dollars, with proof of insurance provided to the State Fire Marshal. All persons employed in the installation or service of any propane system shall fully c…
Neb. Rev. Stat. § 66-1624 Council; suspension or termination; referendum.
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(1) The council may on its own initiative and shall upon the petition of retail marketers representing at least thirty-five percent, as determined by the council, of the total volume of odorized propane sold at retail in the State of Nebraska hold a referendum to be conducted by …
Neb. Rev. Stat. § 66-1625 Price of propane; legislative intent.
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It is the intent of the Legislature that the price of propane shall always be determined by market forces. The council shall take no action to interfere in any manner with the free market process.
Neb. Rev. Stat. § 66-1626 Collection of fees.
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Any person who unreasonably fails or refuses to pay any fee due under the Propane Education and Research Act may be subject to legal action by the council to recover the fees due, plus interest and costs.
Neb. Rev. Stat. § 66-1627 Venue.
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The district court or county court of the county in which the violation occurs or in which the person required to pay the fee under section 66-1621 resides shall have jurisdiction to enjoin violations of the Propane Education and Research Act or the rules and regulations provided…
Neb. Rev. Stat. § 66-1801 Act, how cited.
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Sections 66-1801 to 66-1868 shall be known and may be cited as the State Natural Gas Regulation Act.
Neb. Rev. Stat. § 66-1802 Terms, defined.
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For purposes of the State Natural Gas Regulation Act: (1) Agricultural ratepayer means a ratepayer whose usage of natural gas does not qualify the ratepayer as a high-volume ratepayer and (a) whose principal use of natural gas is for agricultural crop or livestock production, irr…
Neb. Rev. Stat. § 66-1803 Exemptions from act; conditions; action to determine.
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(1) A natural gas public utility shall not be subject to the jurisdiction of the commission or the requirements of the State Natural Gas Regulation Act if (a) it distributes, sells, or transports natural gas or provides natural gas services to persons receiving services through f…
Neb. Rev. Stat. § 66-1804 Commission; powers; act, how construed.
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(1) The commission shall have full power, authority, and jurisdiction to regulate natural gas public utilities and may do all things necessary and convenient for the exercise of such power, authority, and jurisdiction. Except as provided in the Nebraska Natural Gas Pipeline Safet…
Neb. Rev. Stat. § 66-1805 Rules and regulations; commission; additional powers; Attorney General; duties.
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(1) The commission may adopt and promulgate rules and regulations to govern its proceedings and with regard to the mode and manner of all investigations, tests, audits, inspections, filings, and hearings. The commission may adopt and promulgate rules and regulations governing mat…
Neb. Rev. Stat. § 66-1806 Jurisdictional utilities; filings required.
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Every jurisdictional utility shall publish and file with the commission copies of all schedules of rates and shall furnish the commission copies of all terms and conditions of service and contracts between jurisdictional utilities pertaining to any and all jurisdictional services…
Neb. Rev. Stat. § 66-1807 Commission; powers; how construed.
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Except as otherwise provided in the State Natural Gas Regulation Act, all orders, rules, regulations, practices, services, rates, charges, classifications, and tolls fixed by the commission shall be prima facie reasonable unless or until changed or modified by the commission or i…
Neb. Rev. Stat. § 66-1808 Rate changes; term or condition of service; when effective.
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(1) The provisions of this section do not apply to general rate filings. (2) Unless the commission otherwise orders, no jurisdictional utility shall make effective any changed rate or any term or condition of service pertaining to the service or rates of such utility, except by f…
Neb. Rev. Stat. § 66-1809 Commission; investigations authorized; hearing; powers.
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(1) The commission, upon its own initiative, may investigate all schedules of rates, contracts, and terms and conditions of service of jurisdictional utilities. If after notice, investigation, and hearing the commission finds that such rates or terms and conditions of service are…
Neb. Rev. Stat. § 66-1810 Service to high-volume ratepayers, agricultural ratepayers, and interruptible ratepayers; jurisdictional utility; powers.
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(1) A jurisdictional utility may provide service at negotiated rates, contracts, and terms and conditions of service under contract to high-volume ratepayers. Service under the contracts shall be provided on such terms and conditions and for such rates or charges as the jurisdict…