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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-1608 Uniform energy efficiency standards; legislative findings.
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The Legislature finds that consumers have an expectation that newly built houses or buildings they buy meet uniform energy efficiency standards. Therefor, the Legislature finds that there is a need to adopt the 2018 International Energy Conservation Code, published by the Interna…
Neb. Rev. Stat. § 81-1609 Terms, defined.
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As used in sections 81-1608 to 81-1626, unless the context otherwise requires: (1) Department means the Department of Water, Energy, and Environment; (2) Contractor means the person or entity responsible for the overall construction of any building or the installation of any comp…
Neb. Rev. Stat. § 81-161.04 Materiel division; surplus property; sale; procedure; proceeds of sale, how credited.
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(1) Whenever any using agency has any personal property for which it no longer has any need or use, it shall notify the materiel division in writing setting forth a description of the property and the approximate length of time that the property has been in the possession of the …
Neb. Rev. Stat. § 81-161.05 Materiel administrator or employee; financial or beneficial personal interest forbidden; gifts and rebates prohibited; violations; penalty.
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Neither the materiel administrator nor any employee under his or her direction shall be financially interested or have any beneficial personal interest, directly or indirectly, in the purchase or leasing of any personal property nor in any firm, partnership, limited liability com…
Neb. Rev. Stat. § 81-161.06 State Surplus Property Revolving Fund; created; use; investment.
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There is hereby created the State Surplus Property Revolving Fund. The fund shall be administered by the materiel division of the Department of Administrative Services. The fund shall consist of money collected from the sale of surplus property and fees from such sales and shall …
Neb. Rev. Stat. § 81-1611 Nebraska Energy Code; adoption; alternative standards; used; when.
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The Legislature hereby adopts the 2018 International Energy Conservation Code published by the International Code Council as the Nebraska Energy Code. The Director of Water, Energy, and Environment may adopt regulations specifying alternative standards for building systems, techn…
Neb. Rev. Stat. § 81-1612 Rules and regulations.
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The Director of Water, Energy, and Environment may adopt and promulgate rules and regulations for implementation and administration of sections 81-1608 to 81-1626. Rules, regulations, or amendments thereto shall be adopted pursuant to the Administrative Procedure Act.
Neb. Rev. Stat. § 81-1613 Department; produce manuals; contents.
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The department shall produce manuals for use by architects, engineers, prime contractors, and owners. Such manuals shall be furnished upon request at a price sufficient to cover the costs of production. Such manuals shall contain, but not be limited to: (1) The Nebraska Energy Co…
Neb. Rev. Stat. § 81-1614 Nebraska Energy Code; applicability.
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The Nebraska Energy Code shall apply to all new buildings, or renovations of or additions to any existing buildings, on which construction is initiated on or after July 1, 2020.
Neb. Rev. Stat. § 81-1615 Nebraska Energy Code; exemptions.
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The following shall be exempt from sections 81-1608 to 81-1626: (1) Any building which has a peak design rate of energy usage for all purposes of less than one watt, or three and four-tenths British Thermal Units per hour, per square foot of floor area; (2) Any building which is …
Neb. Rev. Stat. § 81-1616 Procedures for insuring compliance with Nebraska Energy Code; costs; appeal.
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For purposes of insuring compliance with section 81-1614: (1) The department, or its authorized agent, may conduct such inspections and investigations as are necessary to make a determination pursuant to section 81-1625 and may issue an order containing and resulting from the fin…
Neb. Rev. Stat. § 81-1617 Nebraska Energy Code; inspections and investigations necessary to enforce.
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The department and any local code authority may conduct inspections and investigations necessary to enforce the Nebraska Energy Code or equivalent code and may, at reasonable hours, enter into any building and upon any premises within its jurisdiction for the purpose of examinati…
Neb. Rev. Stat. § 81-1618 Local energy code; fees; waiver; procedure.
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Any county, city, or village may adopt and enforce a local energy code. Such local energy code shall be deemed equivalent to the Nebraska Energy Code if it does not result in energy consumption greater than would result from the strict application of the Nebraska Energy Code and …
Neb. Rev. Stat. § 81-1620 Department; establish technical assistance program.
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The department shall establish a training program to provide initial technical assistance to local code officials and residential and commercial builders upon adoption and implementation of a new Nebraska Energy Code. The program shall include the training of local code officials…
Neb. Rev. Stat. § 81-1622 No local energy code; contractor, architect, engineer; duties.
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Prior to the construction, renovation, or addition to any existing building after the dates specified in section 81-1614 the following requirements shall be met where a county, city, or village has not adopted a local energy code pursuant to section 81-1618: (1) When no architect…
Neb. Rev. Stat. § 81-1625 Building; failure to comply with Nebraska Energy Code or equivalent standard; liability.
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If the Director of Water, Energy, and Environment or the local code authority finds, within two years from the date a building is first occupied, that the building, at the time of construction, did not comply with the Nebraska Energy Code or equivalent code adopted by a county, c…
Neb. Rev. Stat. § 81-1626 Lighting and thermal efficiency; violation; penalty.
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Failure to comply with sections 81-1608 to 81-1626 or ordering, instructing, or directing another not to comply with sections 81-1608 to 81-1626 shall be a Class IV misdemeanor.
Neb. Rev. Stat. § 81-1635 Nebraska Energy Settlement Fund; established; source of funds; investment.
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There is hereby established in the state treasury a fund, to be known as the Nebraska Energy Settlement Fund and referred to in sections 81-1635 to 81-1641 as the fund, to be administered by the Department of Water, Energy, and Environment as the representative of the Governor. T…
Neb. Rev. Stat. § 81-1636 Fund; plan for disbursement.
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The Governor or the Department of Water, Energy, and Environment as representative of the Governor shall develop a plan for the disbursement of the money credited to the fund for submission to the United States Department of Energy. The plan shall be in accordance with the specif…
Neb. Rev. Stat. § 81-1637 Predisbursement plan; contents; hearing.
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(1) The Governor shall submit electronically a predisbursement plan to the Legislature if in session or the Executive Board of the Legislative Council if the Legislature is not in session. (2) The predisbursement plan shall generally outline the uses and beneficiaries of proposed…
Neb. Rev. Stat. § 81-1638 Department of Water, Energy, and Environment; duties; political subdivision; application for disbursement.
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(1) The Department of Water, Energy, and Environment shall, as the representative of and under the direction of the Governor, be the administrative agency for the selection of projects pursuant to section 81-1636, allocation of funds to the projects, and monitoring of the uses of…
Neb. Rev. Stat. § 81-1639 Disbursement of funds; requirements.
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No money shall be disbursed or expended from the fund unless: (1) The disbursement is pursuant to an appropriation by the Legislature; (2) The provisions of section 81-1636 have been complied with in regard to the project for which funds are being disbursed; and (3) The use for w…
Neb. Rev. Stat. § 81-164 Central mailing room; equipment required.
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The materiel division, under the direction of the Director of Administrative Services, shall operate and maintain a central mailing room. The central mailing room shall be equipped with postage metering machines and postal handling equipment for the purpose of metering official m…
Neb. Rev. Stat. § 81-1640 Fund; proposed uses; hearing.
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The Department of Water, Energy, and Environment shall conduct a public hearing on the proposed uses of the fund in the manner and to the extent required by specifications and guidelines of the applicable federal court order and any applicable federal law or regulations.
Neb. Rev. Stat. § 81-1641 Disbursement of funds; sections applicable.
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Sections 81-1635 to 81-1641 shall apply to the disbursement of all funds which are subject to sections 81-1635 to 81-1641 except for funds appropriated by Legislative Bill 432, Ninetieth Legislature, First Session, 1987. Sections 81-1636 and 81-1637 shall not apply to any funds w…
Neb. Rev. Stat. § 81-165 Official outgoing mail to be metered; members of Legislature, when exempt.
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Beginning July 1, 1943, all official outgoing mail of each state officer, department, commission, board, bureau, court or other agency, occupying quarters in the Capitol Building in Lincoln, Nebraska, or in any state building which may hereafter be located adjacent thereto, shall…
Neb. Rev. Stat. § 81-166 Postage records; requirements.
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The materiel division shall keep an accurate record of the postage used by each state officer, department, commission, board, bureau, court, or other agency and charge such state officer, department, commission, board, bureau, court, or other agency with the exact amount of posta…
Neb. Rev. Stat. § 81-168 Central mailing room; employees; hours staggered.
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The materiel division under the direction of the Director of Administrative Services shall stagger the hours of employees in the central mailing room so that the central mailing room is open until the last mail departs from the Capitol Building.
Neb. Rev. Stat. § 81-169 Rules and regulations; authority of materiel division.
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The materiel division under the direction of the Director of Administrative Services may make such reasonable rules and regulations as may be deemed necessary for the administration of sections 81-164 to 81-171.
Neb. Rev. Stat. § 81-1701 Act; purpose; applicability.
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The purpose of the Nebraska Consultants' Competitive Negotiation Act is to provide managerial control over competitive negotiations by the state for acquisition of professional architectural, engineering, landscape architecture, or land surveying services. The act does not apply …
Neb. Rev. Stat. § 81-1702 Act, how cited.
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Sections 81-1701 to 81-1721 shall be known and may be cited as the Nebraska Consultants' Competitive Negotiation Act.
Neb. Rev. Stat. § 81-1703 Definitions; sections applicable.
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For purposes of sections 81-1701 to 81-1721, unless the context otherwise requires, the definitions found in sections 81-1704 to 81-1710 shall be used.
Neb. Rev. Stat. § 81-1704 Professional services, defined.
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Professional services shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or professional land surveying as defined by the laws of the state, or those performed by any architect, professional engineer, land…
Neb. Rev. Stat. § 81-1705 Agency, defined.
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Agency shall mean each board, commission, bureau, council, department, officer, division, the University of Nebraska, the Nebraska state colleges, or other administrative office or unit of state government.
Neb. Rev. Stat. § 81-1706 Firm, defined.
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Firm shall mean any individual, partnership, limited liability company, corporation, association, or other legal entity permitted by law to practice architecture, engineering, landscape architecture, or land surveying in the state.
Neb. Rev. Stat. § 81-1707 Compensation, defined.
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Compensation shall mean the total amount paid by the agency for professional services.
Neb. Rev. Stat. § 81-1708 Agency official, defined.
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Agency official shall mean any elected or appointed officeholder, employee, consultant, person in the category of other personal service, or any other person receiving compensation from a state agency.
Neb. Rev. Stat. § 81-1709 Project, defined.
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Project shall mean that fixed capital outlay, study, or planning activity, except renewal work as defined in section 81-173, described in the public notice of a state agency.
Neb. Rev. Stat. § 81-171 Delivery of mail to mailing room for unofficial business; violation; penalty.
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It shall be unlawful to deliver any mail to any state mailing room, to be metered and dispatched, or to deposit in the United States mail any envelope, metered by a postage metering machine of the State of Nebraska, for any purpose or upon any business other than the dispatch of …
Neb. Rev. Stat. § 81-1710 Continuing contract, defined.
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Continuing contract shall mean a contract for professional services entered into in accordance with the procedures of sections 81-1701 to 81-1721 between an agency and a firm whereby the firm provides professional services to the agency for work of a specified nature as outlined …
Neb. Rev. Stat. § 81-1711 Department of Administrative Services; Department of Transportation; project; procedures.
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The Department of Administrative Services shall, with the advice of each agency, prescribe by administrative rules procedures for the determination of a project under its jurisdiction. The Department of Transportation shall prescribe such procedures for highway construction proje…
Neb. Rev. Stat. § 81-1712 Project; professional services required; notice; qualifications and performance data; statements; certification; procedures; Department of Administrative Services; adopt.
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(1) Public notice shall be given by each agency, in a uniform and consistent manner, when professional services are required to be contracted for a project whose basic construction cost is estimated by the agency to be more than four hundred thousand dollars and for professional …
Neb. Rev. Stat. § 81-1713 Project; professional services; qualifications; agency; evaluation; selection; considerations.
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(1) For each proposed project, the agency or a committee designated by the agency shall evaluate current statements of qualifications and performance data of firms as are on file with the agency, together with those that may be submitted by firms regarding the proposed project, a…
Neb. Rev. Stat. § 81-1714 Sections, how construed.
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Nothing in sections 81-1701 to 81-1721 shall be construed to prohibit continuing contracts between firm and agency.
Neb. Rev. Stat. § 81-1715 Professional services; agency; negotiate contract; procedure; failure to contract; effect.
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(1) The agency or the committee designated by the agency shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair and reasonable. In making such determination, the agency or committee designated by the a…
Neb. Rev. Stat. § 81-1716 Professional services; contract; contingent fees; prohibited; penalty.
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(1) Each contract for professional services entered into by the agency shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, professional engineer, or landscape architect, as applicable, warrants that he or she has not emplo…
Neb. Rev. Stat. § 81-1717 Agency contract for professional services; prohibited acts; penalty.
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Any firm, other than a bona fide employee working solely for an architect, professional engineer, professional land surveyor, or landscape architect, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other company or firm for…
Neb. Rev. Stat. § 81-1718 Professional services; contract; improper action; penalty.
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Any architect, professional engineer, professional land surveyor, or landscape architect, or any group, company, or firm who shall offer to pay, or pay, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or making of any ag…
Neb. Rev. Stat. § 81-1719 Professional services; contract; agency official; conflict of interest; penalty.
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Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or any other consideration contingent upon the award or making of such a contract for professional …
Neb. Rev. Stat. § 81-1720 Professional services; selection process; notice; when not required.
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Notwithstanding any other provision of sections 81-1701 to 81-1721, there shall be no public notice requirement or utilization of the selection process as provided in sections 81-1701 to 81-1721 for projects in which the agency is able to reuse existing drawings, specifications, …