Natural Resources omnibus clears first round

An environmental agency cleanup measure advanced from general file Feb. 19 after lawmakers amended it to include several other bills related to natural resources.

Plymouth Sen. Tom Brandt, sponsor of LB759, said the bill contains several changes requested by the state Department of Water, Energy and Environment, which was created last year by the merger of two agencies.

It would add the department’s Chief Water Officer or their designated representative to the Water Well Standards and Contractors’ Licensing Board and eliminate a public hearing requirement related to distributions from the Nebraska Litter Reduction and Recycling Fund.

The bill also would allow the department to enter upon property to conduct surveys, investigations and other activities related to the siting and construction of the Perkins County Canal Project.

A Natural Resources Committee amendment, adopted 26-1, replaced the bill with a modified version of the original proposal. It would require the department to notify a landowner before entering onto their property.

The amendment also added provisions of three other measures considered by the committee this session.

The amended provisions of LB760, also sponsored by Brandt, would transfer the authority to permit, license and inspect swimming pools, mobile home parks and recreation camps from the department to counties, cities, villages or local public health departments.

The measure would require local governments to adopt and enforce minimum sanitary and safety requirements for the equipment and operation of swimming pools that meet or exceed minimum requirements adopted by the department.

Local governments would be required to inspect swimming pools and could collect fees to cover their actual costs.

The proposal also would authorize local governments to inspect and set minimum health and safety requirements for recreation camps as well as adopt minimum requirements for the establishment, operation and maintenance of mobile home parks.

Brandt said the amended provisions of his LB761 would raise fees for four programs overseen by the department.

Water well registration and permit fees would increase from $40 to $200.

Additionally, the proposal would modify the fee structure for livestock waste control facility permits. As introduced, the bill would have required the department to ensure that fees are adequate to meet 40% of the previous fiscal year’s program costs instead of the current 20%. Under the amendment, fees would have to cover 30% of the costs.

Under the measure, a schedule of fees paid by hazardous waste generators would be based on an annual fee determined by the quantity of hazardous waste generated by weight or volume. Fees would be directed to the Integrated Solid Waste Management Cash Fund rather than the General Fund.

The fee schedule could not exceed the amount necessary for the department to pay for the direct and indirect costs of the regulation of hazardous waste management.

The measure also would require the department to collect application fees for National Pollutant Discharge Elimination System permits as well as annual fees for permit holders. The fees could not be more than the amount necessary to reimburse the department for administering applications or cover the cost of services provided.

Brandt said the amended provisions of his LB1076 would codify the authority of the Nebraska Oil and Gas Conservation Commission to take administrative action and impose penalties for actual or threatened violations of the Nebraska Geologic Storage of Carbon Dioxide Act.

Under the measure, any person who knowingly and willfully violates any provision of the act, makes any false statement in an application or falsifies a monitoring device used for compliance would be guilty of a Class I misdemeanor.

Sen. Danielle Conrad of Lincoln opposed LB759, saying it would infringe on private property rights, repeal an opportunity for public input and increase fees on livestock producers and Nebraskans who rely on well water.

Brandt said those fees have not been increased in approximately 20 years and that the proposal is intended to ensure that users, rather than all taxpayers, shoulder each program’s costs.

After voting 26-2 to adopt a technical amendment offered by Brandt, senators advanced LB759 to select file on a vote of 26-5.