Natural resources package that includes battery program advanced

Lawmakers gave first-round approval April 9 to a Natural Resources Committee omnibus bill after amending it to include a proposed battery collection and recycling program as well as several other measures.

LB36, as introduced by Plymouth Sen. Tom Brandt, would require counties, cities and villages to notify a wellhead protection area’s controlling entity before considering land-use changes or building permits within the area.

A committee amendment, adopted 37-0, replaced the bill with provisions of six other measures considered by the committee this session.

The amended provisions of LB309, sponsored by Sen. Jana Hughes of Seward, would create the Safe Battery Collection and Recycling Act.

Hughes said batteries are a “significant and growing” cause of fires in Nebraska landfills. Her measure would help address the problem by requiring battery manufacturers to pay for the collection and recycling of batteries at the end of their useful life, she said.

The requirements would apply to portable and medium format batteries, which Hughes said are used in products such as power tools and e-bikes. Large batteries like those used in electric vehicles and those that are embedded in products like cellphones and toys would be excluded, she said.

Beginning in 2028, producers and retailers could not sell any covered battery or battery containing product unless they are a member of a battery stewardship organization approved by the state Department of Environment and Energy.

Each BSO would be required to submit a battery stewardship plan to the department by Jan. 1, 2027. The plans would have terms of no more than five years.

In addition to the names and contact information of each producer member, plans would have to include performance goals, consumer awareness goals, collection site addresses and several other details.

A BSO would pay an annual fee to cover the department’s costs to administer the program and submit a detailed annual report on its plan. The department would include a copy of all approved plans, annual reports, a list of battery brands covered under an approved plan and other information on its website.

Among several other requirements, a BSO would have to provide for the collection of all covered batteries on a free, continuous, convenient, visible and accessible basis. A BSO would have to ensure statewide collection opportunities for all covered batteries and provide a certain number of collection sites within three years after a plan’s approval.

A BSO also would be required to develop advertisements and promotional materials as well as provide collection site safety training procedures and consumer-focused educational materials.

Finally, the measure would create civil penalties for violating the act and prohibit individuals from improperly disposing of a covered battery.

The provisions of LB344, introduced by Brandt, would modify groundwater allocations for municipalities in fully or overappropriated areas.

Beginning Jan. 1, 2026, any new or expanded commercial or industrial user served by a municipal water source that uses more than 25 million gallons of water annually would be subject to the controls of an integrated management plan, rule or order and would be required to provide a mitigation report to the applicable natural resources district.

Integrated management plans, rules or orders within fully or overappropriated areas could require municipalities to report annual water use and consumption.

The amended provisions of LB459, sponsored by Lincoln Sen. Danielle Conrad, would establish the Home Weatherization Clearinghouse within the state Department of Environment and Energy.

The clearinghouse would be a primary contact for those applying for grants, loans or other programs that fund home weatherization projects. It also would assist state and local agencies administering or applying for those grants, loans or programs and coordinate efforts to maximize the receipt of federal funding for home weatherization projects.

The provisions of LB480, sponsored by Sen. Barry DeKay of Niobrara, would authorize the state Game and Parks Commission to carry out additional projects at Lake McConaughy, the Lewis and Clark State Recreation Area and Niobrara State Park under the Water Recreation Enhancement Act.

The provisions of LB562, introduced by Brandt, would increase the maximum fees that the state Game and Parks Commission could charge for an annual resident motor vehicle park entry permit from $35 to $50 and a temporary permit from $7 to $10.

The maximum fees for nonresident annual and temporary permits — currently capped at $60 and $12, respectively — would be twice the corresponding resident permit fees.

The amendment also would allow the commission to issue two permits for hunting mountain sheep instead of one in an auction that is open to Nebraska residents and nonresidents. The number of additional permits could not exceed the number of those awarded to residents in an initial random drawing.

Additionally, the amendment would increase the maximum cost for an aquatic invasive species stamp for nonresident motorboat owners from $15 to $30.

Brandt’s measure also would allow a Nebraska resident or nonresident who is the partner, officer, shareholder or beneficiary designated as the qualifying landowner by a partnership, corporation or trust to qualify for a limited permit to hunt elk.

The amended provisions of LB590, introduced by Columbus Sen. Mike Moser, would authorize the state Department of Transportation to establish a mitigation bank or in-lieu-fee program to offset the environmental effects of transportation projects, including impacts to threatened or endangered species.

The measure would require any state agency or other entity that owns a mitigation bank acquired to restore, enhance, preserve or create habitat or wetlands to pay a sum in lieu of ad valorem taxes lost by the county.

Sen. Jason Prokop of Lincoln introduced an amendment, adopted 41-0, to include amended provisions of his LB595.

They would create the Research Excellence Cash Fund to support research-based investments in data, data collection and ongoing research critical to the state’s economy, including the Nebraska Mesonet system, a statewide network of weather monitoring stations.

The fund, which would be administered by the University of Nebraska, would consist of money from gifts, grants or bequests as well as transfers authorized by the Legislature.

After adoption of the amendments, senators advanced LB36 to select file on a vote of 38-0.