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2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1607 - Director of Environment and Energy; comprehensive report; contents.

81-1607.
Director of Environment and Energy; comprehensive report; contents.
(1) On or before February 15 of each year, the Director of Environment and Energy shall transmit to the Governor and the Clerk of the Legislature a comprehensive report designed to identify emerging trends related to energy supply, demand, and conservation and to specify the level of statewide energy need within the following sectors: Agricultural, commercial, residential, industrial, transportation, utilities, government, and any other sector that the director determines to be useful. The report submitted to the Clerk of the Legislature shall be submitted electronically.
(2) The report shall include, but not be limited to:
(a) An assessment of the state's energy resources, including examination of the current energy supplies and any feasible alternative sources;
(b) The estimated reduction in annual energy consumption resulting from various energy conservation measures;
(c) The status of the ongoing studies of the Department of Environment and Energy pursuant to subdivisions (35) through (58) of section 81-1504;
(d) Recommendations to the Governor and the Legislature for administrative and legislative actions to accomplish the purposes of this section and section 81-1606; and
(e) The use of funds disbursed during the previous year under sections 81-1635 to 81-1641. The use of such funds shall be reported each year until the funds are completely disbursed and all contractual obligations have expired or otherwise terminated.
Source
Laws 1980, LB 954, § 59;
Laws 1987, LB 23, § 3;
Laws 1988, LB 764, § 1;
Laws 2012, LB782, § 206;
Laws 2019, LB302, § 156.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1607.01 - State Energy Cash Fund; created; use; investment.

81-1607.01.
State Energy Cash Fund; created; use; investment.
The State Energy Cash Fund is hereby created. The fund shall consist of funds received pursuant to section 57-705. The fund shall be used for the administration of subdivisions (35) through (58) of section 81-1504 and sections 81-1604 to 81-1607, for energy conservation activities, and for providing technical assistance to communities in the area of natural gas other than assistance regarding ownership of regulated utilities, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the State Energy Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The State Treasurer shall transfer any money in the State Energy Office Cash Fund to the State Energy Cash Fund on July 1, 2019.
Source
Laws 1989, LB 727, § 3;
Laws 1994, LB 1066, § 126;
Laws 2009, First Spec. Sess., LB3, § 81;
Laws 2015, LB469, § 14;
Laws 2019, LB302, § 157.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1608 - Uniform energy efficiency standards; legislative findings.

81-1608.
Uniform energy efficiency standards; legislative findings.
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 International Code Council, in order (1) to ensure that a minimum energy efficiency standard is maintained throughout the state, (2) to harmonize and clarify energy building code statutory references, (3) to ensure compliance with the federal Energy Policy Act of 1992, (4) to increase energy savings for all Nebraska consumers, especially low-income Nebraskans, (5) to reduce the cost of state programs that provide assistance to low-income Nebraskans, (6) to reduce the amount of money expended to import energy, (7) to reduce the growth of energy consumption, (8) to lessen the need for new power plants, and (9) to provide training for local code officials and residential and commercial builders who implement the 2018 International Energy Conservation Code.
Source
Laws 1980, LB 954, § 32;
Laws 2004, LB 888, § 4;
Laws 2011, LB329, § 4;
Laws 2019, LB405, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1609 - Terms, defined.

81-1609.
Terms, defined.
As used in sections 81-1608 to 81-1626, unless the context otherwise requires:
(1) Department means the Department of Environment and Energy;
(2) Contractor means the person or entity responsible for the overall construction of any building or the installation of any component which affects the energy efficiency of the building;
(3) Architect or engineer means any person licensed as an architect or professional engineer under the Engineers and Architects Regulation Act;
(4) Building means any new structure, renovated building, or addition which is used or intended for supporting or sheltering any use or occupancy, but not including any structure which has a consumption of traditional energy sources for all purposes not exceeding the energy equivalent of three and four-tenths British Thermal Units per hour or one watt per square foot;
(5) Residential building means a building three stories or less that is used primarily as one or more dwelling units;
(6) Renovation means alterations on an existing building which will cost more than fifty percent of the replacement cost of such building at the time work is commenced or which was not previously heated or cooled, for which a heating or cooling system is now proposed, except that the restoration of historical buildings shall not be included;
(7) Addition means an extension or increase in the height, conditioned floor area, or conditioned volume of a building or structure;
(8) Floor area means the total area of the floor or floors of a building, expressed in square feet, which is within the exterior faces of the shell of the structure which is heated or cooled;
(9) Nebraska Energy Code means the 2018 International Energy Conservation Code published by the International Code Council;
(10) Traditional energy sources means electricity, petroleum-based fuels, uranium, coal, and all nonrenewable forms of energy; and
(11) Equivalent or equivalent code means standards that meet or exceed the requirements of the Nebraska Energy Code.
Source
Laws 1980, LB 954, § 33;
Laws 1982, LB 799, § 6;
Laws 1983, LB 124, § 10;
Laws 1997, LB 622, § 126;
Laws 2000, LB 1135, § 25;
Laws 2004, LB 888, § 5;
Laws 2011, LB329, § 5;
Laws 2019, LB302, § 158;
Laws 2019, LB405, § 7.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1611 - Nebraska Energy Code; adoption; alternative standards; used; when.

81-1611.
Nebraska Energy Code; adoption; alternative standards; used; when.
The Legislature hereby adopts the 2018 International Energy Conservation Code published by the International Code Council as the Nebraska Energy Code. The Director of Environment and Energy may adopt regulations specifying alternative standards for building systems, techniques, equipment designs, or building materials that shall be deemed equivalent to the Nebraska Energy Code. Regulations specifying alternative standards may be deemed equivalent to the Nebraska Energy Code and may be approved for general or limited use if the use of such alternative standards would not result in energy consumption greater than would result from the strict application of the Nebraska Energy Code.
Source
Laws 1980, LB 954, § 35;
Laws 1983, LB 124, § 12;
Laws 2000, LB 1135, § 26;
Laws 2004, LB 888, § 6;
Laws 2011, LB329, § 6;
Laws 2019, LB302, § 159;
Laws 2019, LB405, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1612 - Director of Environment and Energy; adopt rules and regulations.

81-1612.
Director of Environment and Energy; adopt rules and regulations.
The Director of Environment and Energy 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.
Source
Laws 1980, LB 954, § 36;
Laws 1981, LB 2, § 1;
Laws 1983, LB 124, § 13;
Laws 2000, LB 1135, § 27;
Laws 2019, LB302, § 160.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1613 - Department; produce manuals; contents.

81-1613.
Department; produce manuals; contents.
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 Code;
(2) Forms, charts, tables, and other data to assist architects, engineers, and prime contractors in meeting the Nebraska Energy Code; and
(3) Any other information which the department determines will assist local code officials in enforcing the code.
Source
Laws 1980, LB 954, § 37;
Laws 1983, LB 124, § 14;
Laws 2004, LB 888, § 7;
Laws 2019, LB302, § 161.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1614 - Nebraska Energy Code; applicability.

81-1614.
Nebraska Energy Code; applicability.
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.
Source
Laws 1980, LB 954, § 38;
Laws 1981, LB 2, § 2;
Laws 1983, LB 124, § 15;
Laws 2004, LB 888, § 8;
Laws 2011, LB329, § 7;
Laws 2019, LB405, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1615 - Nebraska Energy Code; exemptions.

81-1615.
Nebraska Energy Code; exemptions.
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 neither heated nor cooled;
(3) Any building or portion thereof which is owned by the United States of America;
(4) Any manufactured home as defined by section 71-4603;
(5) Any modular housing unit as defined by subdivision (1) of section 71-1557; and
(6) Any building or structure (a) that is listed on the state or National Register of Historic Places, (b) that is designated as a historic property under local or state designation law or survey, (c) that is certified as a contributing resource with a National Register-listed or locally designated historic district, or (d) with an opinion or certification that the property is eligible to be listed on the state or National Register of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.
Source
Laws 1980, LB 954, § 39;
Laws 1983, LB 124, § 16;
Laws 1985, LB 313, § 30;
Laws 2004, LB 888, § 9;
Laws 2011, LB329, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1616 - Procedures for insuring compliance with Nebraska Energy Code; costs; appeal.

81-1616.
Procedures for insuring compliance with Nebraska Energy Code; costs; appeal.
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 findings of such inspections and investigations; and
(2) A building owner may submit a written request that the department undertake a determination pursuant to subdivision (1) of this section. Such request shall include a list of reasons why the building owner believes such a determination is necessary.
A building owner aggrieved by the determination, or refusal to make such determination, under this section may appeal such determination or refusal, and the appeal shall be in accordance with the Administrative Procedure Act.
The department may charge an amount sufficient to recover the costs of providing such determinations.
Source
Laws 1980, LB 954, § 40;
Laws 1981, LB 799, § 7;
Laws 1983, LB 124, § 17;
Laws 2000, LB 1135, § 28;
Laws 2004, LB 888, § 10;
Laws 2011, LB329, § 9;
Laws 2019, LB302, § 162.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1617 - Nebraska Energy Code; inspections and investigations necessary to enforce.

81-1617.
Nebraska Energy Code; inspections and investigations necessary to enforce.
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 examination to determine compliance with sections 81-1608 to 81-1626. Inspections shall be conducted only after permission has been granted by the owner or occupant or after a warrant has been issued pursuant to sections 29-830 to 29-835.
Source
Laws 1980, LB 954, § 41;
Laws 1981, LB 2, § 3;
Laws 1983, LB 124, § 18;
Laws 2004, LB 888, § 11;
Laws 2019, LB302, § 163.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1618 - Local energy code; fees; waiver; procedure.

81-1618.
Local energy code; fees; waiver; procedure.
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 is reasonably consistent with the intent of sections 81-1608 to 81-1626. Any building or portion thereof subject to the jurisdiction of and inspected by such county, city, or village shall be deemed to comply with sections 81-1608 to 81-1626 if it meets the standards of such local energy code. Such county, city, or village may by ordinance or resolution prescribe a schedule of fees sufficient to pay the costs incurred pursuant to sections 81-1608 to 81-1626.
Any county, city, or village which adopts and enforces a local energy code may waive a specific requirement of the Nebraska Energy Code when meeting such requirement is not economically justified. The local code authority shall submit to the department its analysis for determining that a specific requirement is not justified. The department shall review such analysis and transmit its findings and conclusions to the local code authority within a reasonable time. The local code authority shall submit to the department its explanation as to how the original code or any revised code addresses the issues raised by the department. After a local code authority has submitted such explanation, the authority may proceed to enforce its local energy code.
Source
Laws 1980, LB 954, § 42;
Laws 1981, LB 2, § 4;
Laws 1983, LB 124, § 19;
Laws 2004, LB 888, § 12;
Laws 2019, LB302, § 164;
Laws 2019, LB405, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1620 - Department; establish technical assistance program.

81-1620.
Department; establish technical assistance program.
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 in building technology and local enforcement procedure related to implementation of the Nebraska Energy Code and the development of training programs suitable for presentation by local governments, educational institutions, and other public or private entities. Subsequent requests for training shall be fulfilled at a fee that pays for the department's costs for such training.
Source
Laws 1980, LB 954, § 44;
Laws 1983, LB 124, § 20;
Laws 2004, LB 888, § 13;
Laws 2011, LB329, § 10;
Laws 2019, LB302, § 165.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1622 - No local energy code; contractor, architect, engineer; duties.

81-1622.
No local energy code; contractor, architect, engineer; duties.
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 or engineer is retained, the prime contractor shall build or cause to be built, to the best of his or her knowledge, according to the Nebraska Energy Code; and
(2) When an architect or engineer is retained: (a) The architect or engineer shall place his or her state registration seal on all construction drawings which shall indicate that the design meets the Nebraska Energy Code and (b) the prime contractor responsible for the actual construction shall build or cause to be built in accordance with the construction documents prepared by the architect or engineer.
Source
Laws 1980, LB 954, § 46;
Laws 1983, LB 124, § 21;
Laws 2004, LB 888, § 14;
Laws 2019, LB405, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1625 - Building; failure to comply with Nebraska Energy Code or equivalent standard; liability.

81-1625.
Building; failure to comply with Nebraska Energy Code or equivalent standard; liability.
If the Director of Environment and Energy 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, city, or village in effect at such time, the director or code authority may order the owner or prime contractor to take those actions necessary to bring the building into compliance. This section does not limit the right of the owner to bring civil action against the contractor, architect, or engineer for the cost of bringing the building into compliance.
Source
Laws 1980, LB 954, § 49;
Laws 1983, LB 124, § 23;
Laws 2004, LB 888, § 15;
Laws 2019, LB302, § 166.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1626 - Lighting and thermal efficiency; violation; penalty.

81-1626.
Lighting and thermal efficiency; violation; penalty.
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.
Source
Laws 1980, LB 954, § 50.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1635 - Nebraska Energy Settlement Fund; established; source of funds; investment.

81-1635.
Nebraska Energy Settlement Fund; established; source of funds; investment.
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 Environment and Energy as the representative of the Governor. The fund shall consist of (1) money received by the State of Nebraska after February 15, 1986, from awards or allocations to the State of Nebraska on behalf of consumers of petroleum products as a result of judgments or settlements for overcharges to consumers of petroleum products sold during the period of time in which federal price controls on such products were in effect and (2) any investment interest earned on the fund. The Department of Administrative Services may for accounting purposes create subfunds of the fund to segregate awards or allocations received pursuant to different orders or settlements. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. No money shall be transferred or disbursed from the fund except pursuant to sections 81-1635 to 81-1641.
Source
Laws 1987, LB 683, § 1;
Laws 1995, LB 7, § 131;
Laws 2019, LB302, § 167.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1636 - Fund; plan for disbursement.

81-1636.
Fund; plan for disbursement.
The Governor or the Department of Environment and Energy 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 specifications and guidelines of the applicable federal court order and any applicable federal law or regulations.
Source
Laws 1987, LB 683, § 2;
Laws 1988, LB 764, § 2;
Laws 2019, LB302, § 168.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1637 - Predisbursement plan; contents; hearing.

81-1637.
Predisbursement plan; contents; hearing.
(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 disbursements from the fund, as well as the expected benefits to the state as a whole.
(3) The predisbursement plan shall also include a policy statement which shall indicate (a) a perception of the current and anticipated trends regarding energy availability, costs, and needs in the state, (b) assumptions regarding the impacts on energy needs of the state of current and anticipated state and federal policies and market forces affecting energy use, and (c) generally, how the types of projects to be selected will address those trends and assumptions.
(4) The Legislature may hold a public hearing within thirty days after receipt of the predisbursement plan to solicit testimony on such plan. The Legislature may, no later than fifteen days following such hearing, make recommendations to the Department of Environment and Energy concerning the plan. No disbursement of or obligation to disburse any money in the fund shall be made after July 9, 1988, until forty-five days after the predisbursement plan referring to such disbursement has been submitted to the Legislature or the Executive Board of the Legislative Council, as the case may be.
Source
Laws 1987, LB 683, § 3;
Laws 1988, LB 764, § 3;
Laws 2012, LB782, § 207;
Laws 2019, LB302, § 169.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1638 - Department of Environment and Energy; duties; political subdivision; application for disbursement.

81-1638.
Department of Environment and Energy; duties; political subdivision; application for disbursement.
(1) The Department of Environment and Energy 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 the funds so allocated.
(2) The department shall contract with any and all grantees of funds in and recipients of loans from the fund. The contracts shall include provisions for reporting on and accounting for the use of the funds by the grantee or loan recipient to the department, and any contracts or agreements entered into before appropriations are made by the Legislature shall recite that they are subject to appropriations of the fund by the Legislature.
(3) Any political subdivision of this state may apply for, and shall be eligible to receive, a disbursement for a project pursuant to section 81-1636, including a disbursement of loan proceeds.
Source
Laws 1987, LB 683, § 4;
Laws 1993, LB 479, § 4;
Laws 2019, LB302, § 170.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1639 - Disbursement of funds; requirements.

81-1639.
Disbursement of funds; requirements.
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 which funds are being disbursed meets any applicable federal law, regulation, or court order and has been approved by any and all state and federal authorities as may be required to meet the applicable court order and any applicable federal law or regulations.
Source
Laws 1987, LB 683, § 5;
Laws 1988, LB 764, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1640 - Fund; proposed uses; hearing.

81-1640.
Fund; proposed uses; hearing.
The Department of Environment and Energy 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.
Source
Laws 1987, LB 683, § 6;
Laws 1988, LB 764, § 5;
Laws 2019, LB302, § 171.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1641 - Disbursement of funds; sections applicable.

81-1641.
Disbursement of funds; sections applicable.
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 which are the subject of any written agreement or contract entered into prior to April 9, 1987, for the awarding of any funds received by the state from United States v. Exxon Corporation.
Source
Laws 1987, LB 683, § 7;
Laws 1988, LB 764, § 6;
Laws 2019, LB302, § 172.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1701 - Act; purpose; applicability.

81-1701.
Act; purpose; applicability.
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 to (1) contracts under section 57-1503, (2) contracts under subsection (6) of section 39-1349, (3) contracts under sections 39-2808 to 39-2823 except as provided in section 39-2810, or (4) contracts under the State Park System Construction Alternatives Act except as provided in section 37-1719.
Source
Laws 1978, LB 715, § 1;
Laws 2011, First Spec. Sess., LB4, § 6;
Laws 2015, LB312, § 7;
Laws 2016, LB960, § 30;
Laws 2018, LB775, § 36;
Laws 2019, LB616, § 2.
Cross References
State Park System Construction Alternatives Act, see section 37-1701.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1703 - Definitions; sections applicable.

81-1703.
Definitions; sections applicable.
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.
Source
Laws 1978, LB 715, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1704 - Professional services, defined.

81-1704.
Professional services, defined.
Professional services shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered land surveying as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered land surveyor in connection with his professional employment practice.
Source
Laws 1978, LB 715, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1706 - Firm, defined.

81-1706.
Firm, defined.
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.
Source
Laws 1978, LB 715, § 6;
Laws 1993, LB 121, § 543.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1710 - Continuing contract, defined.

81-1710.
Continuing contract, defined.
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 in the contract required by the agency with no time limitation. Any such contract shall provide a termination clause.
Source
Laws 1978, LB 715, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1711 - Department of Administrative Services; Department of Transportation; project; procedures.

81-1711.
Department of Administrative Services; Department of Transportation; project; procedures.
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 projects. Such procedures may include:
(1) Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renovation activities; and
(2) Determination of a project which constitutes a grouping of substantially similar construction, rehabilitation, or renovation activities.
Source
Laws 1978, LB 715, § 11;
Laws 2017, LB339, § 289.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1712 - Project; professional services required; notice; qualifications and performance data; statements; certification; procedures; Department of Administrative Services; adopt.

81-1712.
Project; professional services required; notice; qualifications and performance data; statements; certification; procedures; Department of Administrative Services; adopt.
(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 services when the estimated fee for such professional services exceeds forty thousand dollars, except in cases of public emergencies so certified by the agency head. The Department of Administrative Services shall adjust the dollar amounts in this section every four years beginning January 1, 2002, to account for inflationary and market changes. The adjustments shall be based on percentage changes in a construction cost index and any other published index relevant to operations and utilities costs, as selected by the department. The public notice shall include a general description of the project and shall indicate how interested firms can apply for consideration for such contract.
(2) Each agency shall encourage firms engaged in the lawful practice of their profession who desire to provide professional services to the agency to submit annually a statement of qualifications and performance data. The agency may request a firm to update the file statement before the anniversary date to reflect changed conditions of the firm.
(3) Any firm desiring to provide professional services to an agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency shall make a finding that the firm to be employed is fully qualified to render the required service. Factors to be considered in making this finding shall include capabilities to perform, adequacy of personnel, past record and performance, and experience.
(4) The Department of Administrative Services shall, with the advice of each agency, adopt administrative procedures for the evaluation of professional services, including capabilities to perform, adequacy of personnel, past record and performance, experience, and such other factors as may be determined by the agency to be applicable to its particular requirements.
(5) The public shall not be excluded from the meetings or proceedings under this section in accordance with the Open Meetings Act.
Source
Laws 1978, LB 715, § 12;
Laws 1998, LB 1129, § 25;
Laws 2004, LB 821, § 33.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1713 - Project; professional services; qualifications; agency; evaluation; selection; considerations.

81-1713.
Project; professional services; qualifications; agency; evaluation; selection; considerations.
(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, and shall conduct discussions with, and may require public presentations by no less than three firms, regarding their qualifications, approach to the project, and ability to furnish the required service.
(2) Any committee designated by the agency shall have among its membership at least one person whose profession represents that particular field of endeavor being considered.
(3) The agency or committee designated by the agency shall select, in order of preference, no less than three firms deemed to be most highly qualified to perform the required services after considering such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, location, recent, current and projected workloads of the firms, and the volume of work previously awarded to the firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, as long as such distribution does not violate the principle of selection of the most highly qualified firms.
(4) This section shall not apply to professional service contracts for (a) a project whose basic construction cost is estimated by the agency to be four hundred thousand dollars or less or (b) a planning or study activity when the estimated fee for professional services is forty thousand dollars or less. The Department of Administrative Services shall adjust the dollar amounts in this section every four years beginning January 1, 2002, to account for inflationary and market changes. The adjustments shall be based on percentage changes in a construction cost index and any other published index relevant to operations and utilities costs, as selected by the department.
Source
Laws 1978, LB 715, § 13;
Laws 1998, LB 1129, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1715 - Professional services; agency; negotiate contract; procedure; failure to contract; effect.

81-1715.
Professional services; agency; negotiate contract; procedure; failure to contract; effect.
(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 agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the agency or committee designated by the agency shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency or committee designated by the agency determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.
(2) Should the agency or committee designated by the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency or committee designated by the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated. The agency or committee designated by the agency shall then undertake negotiations with the second most qualified firm. Failing to reach an agreement with the second most qualified firm, the agency or committee designated by the agency shall terminate negotiations with such firm. The agency or committee designated by the agency shall then undertake negotiations with the third most qualified firm.
(3) Should the agency or committee designated by the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency or committee designated by the agency shall either select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached or review the agreement under negotiation to determine the possible cause for failure to achieve a negotiated agreement.
Source
Laws 1978, LB 715, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1716 - Professional services; contract; contingent fees; prohibited; penalty.

81-1716.
Professional services; contract; contingent fees; prohibited; penalty.
(1) Each contract for professional services entered into by the agency shall contain a prohibition against contingent fees as follows: The architect, or registered land surveyor, professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or the making of this agreement.
(2) Upon violation of this section, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
Source
Laws 1978, LB 715, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1717 - Agency contract for professional services; prohibited acts; penalty.

81-1717.
Agency contract for professional services; prohibited acts; penalty.
Any firm, other than a bona fide employee working solely for an architect, professional engineer, registered 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 or who is paid any fee, commission, percentage, gift, or any other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction, be guilty of a Class I misdemeanor.
Source
Laws 1978, LB 715, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1718 - Professional services; contract; improper action; penalty.

81-1718.
Professional services; contract; improper action; penalty.
Any architect, professional engineer, registered 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 agency contract for professional services shall, upon conviction, be guilty of a Class I misdemeanor.
Source
Laws 1978, LB 715, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1719 - Professional services; contract; agency official; conflict of interest; penalty.

81-1719.
Professional services; contract; agency official; conflict of interest; penalty.
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 services between the agency and any company or firm shall, upon conviction, be guilty of a Class I misdemeanor.
Source
Laws 1978, LB 715, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1720 - Professional services; selection process; notice; when not required.

81-1720.
Professional services; selection process; notice; when not required.
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, and other documents from a prior project.
Source
Laws 1978, LB 715, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1721 - Existing contracts; validity; unaffected.

81-1721.
Existing contracts; validity; unaffected.
Nothing in sections 81-1701 to 81-1721 shall affect the validity of any contracts in existence on July 22, 1978.
Source
Laws 1978, LB 715, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1801 - Terms, defined.

81-1801.
Terms, defined.
For purposes of the Nebraska Crime Victim's Reparations Act, unless the context otherwise requires:
(1) Child abuse means an offense under section 28-707;
(2) Commission shall mean the Nebraska Commission on Law Enforcement and Criminal Justice;
(3) Committee shall mean the Crime Victim's Reparations Committee;
(4) Dependent shall mean a relative of a deceased victim who was dependent upon the victim's income at the time of death, including a child of a victim born after a victim's death;
(5) Domestic assault means an offense under section 28-323;
(6) Executive director shall mean the executive director of the commission;
(7) Health care provider means any person licensed or certified by the State of Nebraska to deliver health care under the Uniform Credentialing Act and any health care facility licensed under the Health Care Facility Licensure Act. Health care provider includes any professional corporation or other professional entity comprised of such health care providers;
(8) Personal injury shall mean actual bodily harm;
(9) Relative shall mean spouse, parent, grandparent, stepparent, natural born child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or spouse's parent;
(10) Sexual assault has the same meaning as in section 29-4309; and
(11) Victim shall mean a person who is injured or killed as a result of conduct specified in section 81-1818.
Source
Laws 1978, LB 910, § 1;
Laws 1981, LB 328, § 4;
Laws 1986, LB 540, § 2;
Laws 1991, LB 186, § 1;
Laws 2009, LB598, § 2;
Laws 2011, LB390, § 21;
Laws 2021, LB497, § 1.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1801.01 - Legislative intent.

81-1801.01.
Legislative intent.
It is the intent of the Legislature that the Nebraska Crime Victim's Reparations Act be construed as enabling the rights set forth in Article I, section 28, of the Constitution of Nebraska.
Source
Laws 2004, LB 270, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1801.02 - Community Trust; authorized; powers and duties; board of directors; create separate funds; distribution committee.

81-1801.02.
Community Trust; authorized; powers and duties; board of directors; create separate funds; distribution committee.
(1) A nonprofit organization, to be known as the Community Trust, may be created. After a tragedy, the Community Trust shall accept contributions from the public, manage such funds, and make distributions to help individuals, families, and communities in Nebraska that have suffered from a tragedy of violence or natural disaster. The committee shall oversee the Community Trust. The committee shall require at least annual reports from the Community Trust.
(2) The Community Trust shall be a qualified organization under section 501(c)(3) of the Internal Revenue Code thereby enabling contributions to the Community Trust to be tax deductible for the donor if the donor itemizes deductions for income tax purposes and distributions to be tax-free to the extent allowed under applicable sections of the Internal Revenue Code.
(3) The Community Trust shall be governed by a board of directors. A director may be represented by the Attorney General in the same manner as a state officer or employee under sections 81-8,239.05 and 81-8,239.06 in any civil action that arises as a result of any alleged act or omission occurring in the course and scope of the director's duties. A director shall also be indemnified for liability in the same manner as a state officer or employee under section 81-8,239.05.
(4) The Community Trust shall create a separate fund for each tragedy and shall begin accepting contributions immediately after a tragedy. The Community Trust shall report the distributions made for each tragedy to the committee, and the Community Trust shall acknowledge all contributions as soon as reasonably possible after receipt.
(5) The Community Trust may use up to ten percent of the contributions received for administrative costs of the Community Trust.
(6) The board of directors of the Community Trust shall establish procedures for receiving contributions and making distributions from the Community Trust. The board of directors shall establish a distribution committee for the tragedy within one week after the tragedy, establish eligible recipient criteria and eligible uses of the fund, and complete all distributions as soon as reasonably possible after the tragedy.
(7) In the event that the Community Trust receives contributions for a tragedy and the volume and size of claims, along with the amount of contributions, make it impractical for the Community Trust to follow its normal procedures for the distribution of the funds, the board of directors, at its sole discretion, may elect to forward such funds, in their entirety, to another nonprofit organization that is also serving individuals who are affected by the tragedy. In such case, the Community Trust shall designate such contributions to be for the specific individuals who are affected by the tragedy.
Source
Laws 2009, LB598, § 1;
Laws 2011, LB390, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1802 - Crime Victim's Reparations Committee; created; members.

81-1802.
Crime Victim's Reparations Committee; created; members.
A Crime Victim's Reparations Committee is hereby created. The committee shall consist of five members of the commission and three public members to be appointed by the Governor subject to approval by the Legislature. One public member shall represent charitable organizations, one public member shall represent businesses, and one public member, who has training and relevant work experience with victims and survivors of crime, shall represent crime victims. The members of the committee shall select a chairperson who is a member of the commission.
Source
Laws 1978, LB 910, § 2;
Laws 1981, LB 328, § 5;
Laws 1986, LB 540, § 3;
Laws 2009, LB598, § 3;
Laws 2015, LB605, § 88.