Overweight raw-milk truck measure amended, advanced

A bill intended to avoid wastage of raw milk produced at Nebraska dairy farms advanced from the first round of debate April 23.

LB561, introduced by Sen. Tom Brandt of Plymouth, would allow the state Department of Transportation to issue a permit authorizing an applicant to operate overweight vehicles carrying raw milk from a dairy farm to a processing facility.

Brandt said it is difficult for raw milk haulers to know how much milk will be available for pickup at each farm on a truck’s route. Often, he said, all available raw milk cannot be loaded onto a truck because it has already reached the current weight limit, resulting in some being wasted.

Under a Transportation and Telecommunications Committee amendment, adopted, 33-0, an overweight raw-milk vehicle could not exceed a gross weight of 107,500 pounds and would have to comply with certain per-axle weight limits calculated using a federal bridge formula.

An overweight raw-milk vehicle could not travel on the Interstate unless authorized by the department.

The amendment would require the department to create a map of bridge structures that overweight raw-milk vehicles would be prohibited from using. The department would review and update the map at least once per year and publish the most recent version on its website. Overweight raw-milk vehicles would have to carry a copy of the map.

The department would revoke all overweight raw-milk vehicle permits if it determines that the permits put Nebraska at risk of losing federal funding.

The owner of an overweight raw-milk vehicle that enters a prohibited bridge structure and damages it would be liable for all costs associated with repairing the damage. Money recovered in an action brought by the department would be remitted to the state treasurer for credit to the General Fund.

Brandt introduced an amendment, adopted 36-0, that instead would direct the money to the Road Operations Cash Fund.

Senators then voted 35-0 to advance LB561 to select file.