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2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,167 - Act, how cited.

81-15,167.
Act, how cited.
Sections 81-15,167 to 81-15,176 shall be known and may be cited as the Nebraska Environmental Trust Act.
Source
Laws 1992, LB 1257, § 44;
Laws 2000, LB 957, § 7;
Laws 2002, LB 1003, § 48.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,168 - Legislative intent.

81-15,168.
Legislative intent.
It is the intent of the Legislature to establish the Nebraska Environmental Trust for the purpose of conserving, enhancing, and restoring the natural physical and biological environment in Nebraska, including the air, land, ground water and surface water, flora and fauna, prairies and forests, wildlife and wildlife habitat, and natural areas of aesthetic or scenic values. The current and future well-being of the state and its citizens is vitally dependent on a safe and clean environment and requires a dynamic, proactive approach to address environmental needs. The trust shall complement existing governmental and private efforts by encouraging and leveraging the use of private resources on environmental needs with the greatest potential impact on future environmental quality in Nebraska. The trust shall develop a long-range environmental focus which encompasses the vision of all Nebraskans regarding the future of the environment and shall join public and private efforts in achieving the collective environmental goals of Nebraska's citizens.
Source
Laws 1992, LB 1257, § 45.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,169 - Terms, defined.

81-15,169.
Terms, defined.
For purposes of the Nebraska Environmental Trust Act:
(1) Board means the Nebraska Environmental Trust Board; and
(2) Trust means the Nebraska Environmental Trust.
Source
Laws 1992, LB 1257, § 46;
Laws 2000, LB 957, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,170 - Nebraska Environmental Trust Board; created; membership; qualifications; executive director.

81-15,170.
Nebraska Environmental Trust Board; created; membership; qualifications; executive director.
The Nebraska Environmental Trust Board is hereby created as an entity of the executive branch. The board shall consist of the Director of Environment and Energy, the Director of Natural Resources, the Director of Agriculture, the secretary of the Game and Parks Commission, the chief executive officer of the Department of Health and Human Services or his or her designee, and nine citizens appointed by the Governor with the approval of a majority of the Legislature. The citizen members shall begin serving immediately following notice of nomination and prior to approval by the Legislature. The citizen members shall represent the general public and shall have demonstrated competence, experience, and interest in the environment of the state. Two of the citizen appointees shall also have experience with private financing of public-purpose projects. Three appointees shall be chosen from each of the three congressional districts. The board shall hire an executive director who shall hire and supervise other staff members as may be authorized by the board. The executive director shall serve at the pleasure of the board and be solely responsible to it. The Game and Parks Commission shall provide administrative support, including, but not limited to, payroll and accounting functions, to the board.
Source
Laws 1992, LB 1257, § 47;
Laws 1993, LB 138, § 79;
Laws 1996, LB 1044, § 869;
Laws 2000, LB 900, § 248;
Laws 2002, LB 1003, § 49;
Laws 2007, LB296, § 758;
Laws 2019, LB302, § 134.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,170.01 - Board members; conflict of interest; treatment.

81-15,170.01.
Board members; conflict of interest; treatment.
Members of the board shall comply with the conflict of interest provisions of the Nebraska Political Accountability and Disclosure Act. Any member of the board who is also a director of a state agency shall abstain from voting on applications which would provide funding primarily to his or her agency.
Source
Laws 2002, LB 1003, § 50.
Cross References
Nebraska Political Accountability and Disclosure Act, see section 49-1401.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,171 - Board members; terms; vacancy; expenses.

81-15,171.
Board members; terms; vacancy; expenses.
The citizen members of the board shall be appointed for terms of six years, except that of the members first appointed, except directors of agencies, the terms of three shall expire at the end of the second year, three at the end of the fourth year, and three at the end of the sixth year, as designated at the time of appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. A vacancy on the board shall exist in the event of the death, disability, or resignation of a member. All members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1992, LB 1257, § 48;
Laws 1993, LB 138, § 80;
Laws 2020, LB381, § 122.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,172 - Board; officers; meetings.

81-15,172.
Board; officers; meetings.
The board shall annually elect a chairperson from among the citizen members. The board shall meet at least quarterly and may meet more often at the call of the chairperson or the request of any three members.
Source
Laws 1992, LB 1257, § 49.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,173 - Board; powers and duties.

81-15,173.
Board; powers and duties.
The board shall have and may exercise the following powers and duties:
(1) Adopt bylaws to govern the proceedings of the board;
(2) Keep records, conduct hearings, and adopt and promulgate rules and regulations to carry out its duties and implement the Nebraska Environmental Trust Act;
(3) Contract with the Game and Parks Commission for administrative support;
(4) Contract with governmental and private agencies to receive services and technical assistance;
(5) Contract with governmental and private agencies to provide services and technical assistance;
(6) Establish environmental categories for use of the funds and develop an appropriate rating system for each category;
(7) Establish ad hoc advisory boards and subcommittees;
(8) Sponsor or assist environmental proposals pertaining to the environmental categories of the board, including issuing grants to agencies, organizations, and persons engaged in the purposes of the trust;
(9) Cooperate with or assist any unit of the state, any political subdivision, or any private, public, or federal agency, foundation, or person in furtherance of the purposes of the trust;
(10) Acquire and dispose of personal property in furtherance of the purposes of the trust; and
(11) Apply for or accept any gift, grant, bequest, royalty, or donation, designate the fund to which it will be credited, and expend the proceeds in furtherance of the purposes of the trust.
Source
Laws 1992, LB 1257, § 50;
Laws 2000, LB 957, § 9;
Laws 2004, LB 832, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,174 - Nebraska Environmental Trust Fund; created; use; investment.

81-15,174.
Nebraska Environmental Trust Fund; created; use; investment.
The Nebraska Environmental Trust Fund is created. The fund shall be maintained in the state accounting system as a cash fund. Except as otherwise provided in this section, the fund shall be used to carry out the purposes of the Nebraska Environmental Trust Act, including the payment of administrative costs. Money in the fund shall include proceeds credited pursuant to section 9-812 and proceeds designated by the board pursuant to section 81-15,173. Transfers may be made from the Nebraska Environmental Trust Fund to the Water Resources Cash Fund at the direction of the Legislature, and any money so transferred shall be expended in accordance with section 81-15,168. 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.
Source
Laws 1992, LB 1257, § 51;
Laws 1994, LB 1066, § 124;
Laws 2000, LB 957, § 10;
Laws 2002, Second Spec. Sess., LB 1, § 8;
Laws 2003, LB 408, § 6;
Laws 2004, LB 962, § 111;
Laws 2006, LB 1061, § 12;
Laws 2011, LB229, § 2;
Laws 2023, LB818, § 33.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Water Resources Cash Fund, see section 61-218.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,174.01 - Nebraska Environmental Endowment Fund; created; use; investment.

81-15,174.01.
Nebraska Environmental Endowment Fund; created; use; investment.
The Nebraska Environmental Endowment Fund is created. The fund shall be used to carry out the purposes of the Nebraska Environmental Trust Act. The fund shall include proceeds designated by the board pursuant to section 81-15,173, including grants from the Nebraska Environmental Trust Fund. Grants from the Nebraska Environmental Trust Fund to the Nebraska Environmental Endowment Fund shall be no more than twice the total of any other proceeds received by the Nebraska Environmental Endowment Fund for the same year. Such grants, considered in the aggregate, shall in no case exceed fifty percent of the total proceeds credited to the Nebraska Environmental Trust Fund pursuant to section 9-812 for that year.
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.
Allocations received by the Nebraska Environmental Endowment Fund from the Nebraska Environmental Trust Fund shall not be reallocated by the board, but shall remain invested. Any interest income earned by the Nebraska Environmental Endowment Fund shall be available for allocation by the board as provided in section 81-15,175.
Source
Laws 2000, LB 957, § 11.
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 › 81-15,177 - Solid Waste Landfill Closure Assistance Fund; established; use; investment; council; grants; duties.

81-15,177.
Solid Waste Landfill Closure Assistance Fund; established; use; investment; council; grants; duties.
(1) There is hereby established the Solid Waste Landfill Closure Assistance Fund which shall be a cash fund administered by the Department of Environment and Energy. The fund shall be used:
(a) To provide grants for landfill site closing assessment, closure, monitoring, and remediation costs related to landfills existing or already closed on July 15, 1992; and
(b) To provide funds to the department for expenses incurred in carrying out its duties under sections 81-15,178 and 81-15,179.
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.
(2) The Environmental Quality Council shall adopt and promulgate rules and regulations regarding the form and procedure for applications for grants from the fund, procedures for determining claims for payment or reimbursement, procedures for determining the amount and type of costs that are eligible for payment or reimbursement from the fund, procedures for determining priority among applicants, procedures for auditing persons who have received payments from the fund, and other provisions necessary to carry out sections 81-15,178 and 81-15,179.
Source
Laws 1992, LB 1257, § 54;
Laws 1994, LB 1022, § 1;
Laws 1994, LB 1066, § 125;
Laws 1998, LB 924, § 45;
Laws 2002, LB 1101, § 1;
Laws 2019, LB302, § 135.
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 › 81-15,177.01 - Solid Waste Landfill Closure Assistance Fund; applicant, defined.

81-15,177.01.
Solid Waste Landfill Closure Assistance Fund; applicant, defined.
For purposes of sections 81-15,177 to 81-15,179, applicant shall mean any political subdivision which owns or operates or has previously owned or operated a landfill or any entity which owns or operates or has previously owned or operated a licensed landfill in the State of Nebraska.
Source
Laws 1994, LB 1022, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,178 - Funding from Solid Waste Landfill Closure Assistance Fund; applicant; requirements.

81-15,178.
Funding from Solid Waste Landfill Closure Assistance Fund; applicant; requirements.
In order for an applicant to receive funding from the Solid Waste Landfill Closure Assistance Fund, the applicant shall:
(1) Agree to use the funds for landfill site closing assessment, closure, monitoring, or remediation costs relating to landfills existing or already closed on July 15, 1992;
(2) Provide the Department of Environment and Energy with documentation regarding the landfill closure site, including, when appropriate, information indicating that the applicant holds or can acquire title to all lands or has the necessary easements and rights-of-way for the project and related lands;
(3) Provide a plan for the proposed project, including appropriate engineering, economic, and financial feasibility data and other data and information, including estimated costs, as may be required by the department; and
(4) Demonstrate the anticipated environmental and ecological benefits resulting from the proposed project.
Source
Laws 1992, LB 1257, § 55;
Laws 1994, LB 1022, § 3;
Laws 2019, LB302, § 136.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,179 - Application for funds; department; powers and duties.

81-15,179.
Application for funds; department; powers and duties.
Upon receipt of an application for funds from the Solid Waste Landfill Closure Assistance Fund, the Department of Environment and Energy shall evaluate and investigate all aspects of the proposed project and the proposed schedule for completion, determine eligibility and priority of the project for funding, and make appropriate grants from the fund pursuant to rules and regulations adopted and promulgated by the Environmental Quality Council. If the department determines that an application is unsatisfactory or does not contain adequate information, the department shall return the application to the applicant and may make recommendations to the applicant which the department considers necessary to make the plan or the application satisfactory.
Source
Laws 1992, LB 1257, § 56;
Laws 2019, LB302, § 137.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,180 - Superfund Cost Share Cash Fund; created; use; investment.

81-15,180.
Superfund Cost Share Cash Fund; created; use; investment.
The Superfund Cost Share Cash Fund is created. The Department of Environment and Energy shall remit grants and gifts received by the department for purposes of providing cost share for remediation of superfund sites to the State Treasurer for credit to the fund. The department shall administer the Superfund Cost Share Cash Fund to pay for nonfederal costs, including costs for in-kind services, required as cost share for remediation of superfund sites. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Superfund Cost Share 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.
Source
Laws 2005, LB 426, § 3;
Laws 2009, First Spec. Sess., LB3, § 80;
Laws 2019, LB302, § 138.
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 › 81-15,181 - Act, how cited.

81-15,181.
Act, how cited.
Sections 81-15,181 to 81-15,188 shall be known and may be cited as the Remedial Action Plan Monitoring Act.
Source
Laws 1994, LB 1349, § 1;
Laws 2004, LB 449, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,182 - Terms, defined.

81-15,182.
Terms, defined.
For purposes of the Remedial Action Plan Monitoring Act:
(1) Land pollution means the presence upon or within the land resources of the state of one or more contaminants or combinations of contaminants, including, but not limited to, solid waste, hazardous waste, petroleum, or hazardous substances, in such quantities and of such quality as will or are likely to (a) create a nuisance, (b) be harmful, detrimental, or injurious to public health, safety, or welfare, (c) be injurious to plant and animal life and property, or (d) be detrimental to the economic and social development, the scenic beauty, or the enjoyment of the natural attractions of the state; and
(2) Water pollution means the manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
Source
Laws 1994, LB 1349, § 2;
Laws 2004, LB 449, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,183 - Remedial Action Plan Monitoring Fund; created; use; investment.

81-15,183.
Remedial Action Plan Monitoring Fund; created; use; investment.
(1) The Remedial Action Plan Monitoring Fund is created. The fund shall be administered by the Department of Environment and Energy. Revenue from the following sources shall be credited to the fund:
(a) Application fees collected under the Remedial Action Plan Monitoring Act;
(b) Deposits for costs associated with administration of the act, including review, oversight, and guidance;
(c) Gifts, grants, reimbursements, or appropriations from any source intended to be used for purposes of the act; and
(d) Investment interest attributable to the fund.
(2) The fund shall be used by the department to:
(a) Review applications and provide technical review, oversight, guidance, and other activities associated with remedial action plans for land pollution or water pollution;
(b) Fund activities performed by the department to address immediate or emergency threats to human health and the environment related to property under the act; and
(c) Administer and enforce the act.
(3) 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.
Source
Laws 1994, LB 1349, § 3;
Laws 1995, LB 7, § 130;
Laws 2004, LB 449, § 6;
Laws 2019, LB302, § 139.
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 › 81-15,184 - Remedial action plan; application for monitoring; requirements; fees; department; duties.

81-15,184.
Remedial action plan; application for monitoring; requirements; fees; department; duties.
(1) Any entity which voluntarily chooses to make application for monitoring of remedial action plans for property where land pollution or water pollution exists shall:
(a) Submit an application on a form approved by the Department of Environment and Energy;
(b) Provide the department with a nonrefundable application fee of two thousand dollars; and
(c) Execute a written agreement to provide reimbursement of all department direct and indirect costs related to technical review, oversight, guidance, and other activities associated with the remedial action plan. As part of the voluntary agreement, the department shall require the applicant to post a deposit of three thousand dollars to be used by the department to cover all costs. The department shall not commence technical review, oversight, guidance, or other activities associated with the remedial action plan until the voluntary agreement is executed and a complete remedial action plan has been submitted. If the costs of the department exceed the initial deposit, an additional amount agreed upon by the department and the applicant may be required prior to proceeding. After the mutual termination of the voluntary agreement, any balance of funds paid under this subdivision shall be refunded.
(2) The department shall review and approve or deny all applications and notify the applicant in writing. If the application is denied, the notification shall state the reason for the denial. If the department determines that an application does not contain adequate information, the department shall return the application to the applicant. The applicant has sixty days to resubmit the required information or the application will be deemed denied.
(3) Within ninety days of approval of the application and voluntary agreement, the applicant shall provide a complete remedial action plan for the proposed project that conforms to all federal and state environmental standards and substantive requirements, including:
(a) Documentation regarding the investigation of land pollution or water pollution including, when appropriate, information indicating that the applicant holds or can acquire title to all lands or has the necessary easements and rights-of-way for the project and related lands;
(b) A remedial action work plan which describes the remedial action measures to be taken to address the land or water pollution; and
(c) Project monitoring reports, appropriate engineering, scientific, and financial feasibility data, and other data and information as may be required by the department.
Source
Laws 1994, LB 1349, § 4;
Laws 2004, LB 449, § 8;
Laws 2008, LB724, § 1;
Laws 2019, LB302, § 140.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,185 - Department of Environment and Energy; remedial action plan; approval or disapproval; notification.

81-15,185.
Department of Environment and Energy; remedial action plan; approval or disapproval; notification.
Upon receipt of a voluntary remedial action plan for land pollution or water pollution pursuant to section 81-15,184, the Department of Environment and Energy shall review and approve or disapprove the plan and notify the applicant in writing. If the plan is disapproved, the notification shall state the reason for the disapproval and provide a reasonable opportunity to resubmit the plan.
Source
Laws 1994, LB 1349, § 5;
Laws 2004, LB 449, § 9;
Laws 2019, LB302, § 141.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,185.01 - Remedial action plan; notice; hearing.

81-15,185.01.
Remedial action plan; notice; hearing.
The Department of Environment and Energy shall issue public notice of its intent to approve a voluntary remedial action plan pursuant to section 81-15,185 in a local newspaper of general circulation in the area affected and make the remedial action plan available to the public. The public shall have thirty days from the date of publication during which any person may submit written comments to the department regarding the proposed remedial action. Such person may also request or petition the Director of Environment and Energy, in writing, for a hearing and state the nature of the issues to be raised. The director shall hold a public hearing if the comments, request, or petition raise legal, policy, or discretionary questions of general application and significant public interest exists.
Source
Laws 2004, LB 449, § 10;
Laws 2019, LB302, § 142.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,185.02 - Remedial action plan; termination; notification.

81-15,185.02.
Remedial action plan; termination; notification.
(1) The applicant may unilaterally terminate a voluntary remedial action plan approved pursuant to section 81-15,185 prior to completion of investigative and remedial activities if the applicant leaves the property in no worse condition, from a human health and environment perspective, than when the applicant initiated voluntary remedial action and the applicant reimburses the Department of Environment and Energy for all outstanding costs.
(2) The department may terminate a voluntary remedial action plan if the applicant:
(a) Violates any terms or conditions of the plan or fails to fulfill any obligations of the plan, including submission of an acceptable remedial action plan within a reasonable period of time;
(b) Fails to address an immediate and significant risk of harm to public health and the environment in a timely and effective manner; or
(c) Fails to initiate the plan within six months after approval by the department or to complete the plan within twenty-four months after approval by the department, excluding long-term operation, maintenance, and monitoring, unless the department grants an extension of time.
(3) The department shall notify the applicant in writing of the intention to terminate the voluntary remedial action plan and include the reason for the termination and a summary of any unreimbursed costs of the department that are due.
Source
Laws 2004, LB 449, § 11;
Laws 2019, LB302, § 143.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,185.03 - Remedial action plan; completion; duties; enforceability.

81-15,185.03.
Remedial action plan; completion; duties; enforceability.
(1) Within sixty days after completion of a voluntary remedial action plan approved pursuant to section 81-15,185, the applicant shall provide the Department of Environment and Energy with a final remedial action report and assurance that the plan has been fully implemented. Department approval of a voluntary remedial action plan shall be void upon failure to comply with the approved plan or willful submission of false, inaccurate, or misleading information by the applicant.
(2) Voluntary remedial action plans approved under section 81-15,185 are not enforceable unless the department can demonstrate that the applicant has failed to fully implement the approved plan. The department may require further action if such action is authorized by other state statutes administered by the department.
Source
Laws 2004, LB 449, § 12;
Laws 2019, LB302, § 144.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,186 - Department of Environment and Energy; issuance of letter; contents.

81-15,186.
Department of Environment and Energy; issuance of letter; contents.
If the requirements of the Remedial Action Plan Monitoring Act are met and the applicant has remitted all applicable fees, the Department of Environment and Energy may issue to the applicant a letter stating that no further action need be taken at the site related to any contamination for which remedial action has been taken in accordance with the approved remedial action plan. Such letter shall provide that the department may require the person to conduct additional remedial action in the event that any monitoring conducted at or near the real property or other circumstances indicate that (1) contamination is reoccurring, (2) additional contamination is present which was not identified pursuant to section 81-15,184, or (3) additional contamination is present for which remedial action was not taken according to the remedial action plan. As a condition of issuance, the department may require payment of ongoing direct and indirect costs of oversight of any ongoing long-term operation, maintenance, and monitoring.
Source
Laws 1994, LB 1349, § 6;
Laws 2004, LB 449, § 13;
Laws 2019, LB302, § 145.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,187 - Act, how construed; indemnification.

81-15,187.
Act, how construed; indemnification.
The Remedial Action Plan Monitoring Act shall not be construed as an acceptance of liability by the State of Nebraska for activities conducted pursuant to such act. Entities proceeding under such act shall indemnify and hold harmless the State of Nebraska for any further action required by the federal Environmental Protection Agency relating to land pollution or water pollution by an entity.
Source
Laws 1994, LB 1349, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,188 - Act; supplemental to other laws; how construed.

81-15,188.
Act; supplemental to other laws; how construed.
The powers conferred by the Remedial Action Plan Monitoring Act shall be independent of and in addition and supplemental to any other provisions of the laws of the State of Nebraska with reference to the matters covered hereby, and the act shall be considered as a complete and independent act and not as amendatory of or limited by any other provision of the laws of the State of Nebraska.
Source
Laws 1994, LB 1349, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,192 - Legislative intent.

81-15,192.
Legislative intent.
(1) It is the intent of the Legislature to adopt the Nebraska Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended.
(2) The Legislature finds that the release of hazardous and toxic chemicals threatens the health and safety of the public and the environment. The Legislature further finds that increased public knowledge and access to information on the presence of hazardous and toxic chemicals in communities enables the public to work with facilities, communities, state and federal agencies, and governmental bodies to improve chemical safety and protect the health and safety of the public and the environment. The Legislature further finds that the community's right to know is essential in protecting the health and safety of the public and the environment. The Legislature further finds that emergency planning and notification requirements assist the state and local communities in planning for and responding to a release of extremely hazardous substances.
(3) It is the intent of the Legislature that all state agencies involved in emergency release notification, reporting, planning, training, response, and preparedness will coordinate and collaborate in carrying out the purposes of the Nebraska Emergency Planning and Community Right to Know Act and may, to the extent possible, share resources and funding.
(4) It is the intent of the Legislature that the reporting requirements of the Nebraska Emergency Planning and Community Right to Know Act are to be no more stringent than the reporting requirements of the Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended.
Source
Laws 1997, LB 374, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,193 - Definitions, where found.

81-15,193.
Definitions, where found.
For purposes of the Nebraska Emergency Planning and Community Right to Know Act, the definitions found in sections 81-15,194 to 81-15,209 apply.
Source
Laws 1997, LB 374, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,198 - Extremely hazardous substance, defined.

81-15,198.
Extremely hazardous substance, defined.
Extremely hazardous substance means a substance which meets the threshold requirements identified on the List of Extremely Hazardous Substances under 40 C.F.R. part 355, Appendices A and B.
Source
Laws 1997, LB 374, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,199 - Facility, defined.

81-15,199.
Facility, defined.
Facility means the buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person which controls, is controlled by, or is under common control with such person.
Source
Laws 1997, LB 374, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,203 - Inventory form, defined.

81-15,203.
Inventory form, defined.
Inventory form means an emergency and hazardous chemical inventory form required to be prepared by an owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq.
Source
Laws 1997, LB 374, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,204 - List of chemicals, defined.

81-15,204.
List of chemicals, defined.
List of chemicals includes each of the following:
(1) A list of the hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., and regulations promulgated under the act, grouped in categories of health and physical hazards as set forth under the act and regulations promulgated under the act or in such other categories as prescribed under section 311 of Title III;
(2) The chemical name or the common name of each such chemical as provided on the material safety data sheet; and
(3) Any hazardous component of each such chemical as provided on the material safety data sheet.
Source
Laws 1997, LB 374, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,206 - Release, defined.

81-15,206.
Release, defined.
Release means to spill, leak, pump, pour, emit, empty, discharge, inject, escape, leach, dump, or dispose any hazardous chemical, extremely hazardous substance, or toxic chemical into the environment and includes the abandonment or discarding of barrels, containers, and other closed receptacles containing any such chemical or substance.
Source
Laws 1997, LB 374, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,208 - Title III, defined.

81-15,208.
Title III, defined.
Title III means the Emergency Planning and Community Right to Know Act pursuant to Title III of the Superfund Amendments and Reauthorization Act of 1986, as amended.
Source
Laws 1997, LB 374, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,209 - Toxic chemical, defined.

81-15,209.
Toxic chemical, defined.
Toxic chemical means a substance on the list in Committee Print Number 99-169, as amended, of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986", including any revised version as may be made pursuant to section 313 of Title III.
Source
Laws 1997, LB 374, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,210 - State Administrator; State Emergency Response Commission; created; members; terms.

81-15,210.
State Administrator; State Emergency Response Commission; created; members; terms.
(1) The director of the Nebraska Emergency Management Agency shall serve as the State Administrator of the Nebraska Emergency Planning and Community Right to Know Act. The State Emergency Response Commission is created and shall be a part of the Nebraska Emergency Management Agency for administrative purposes. The membership of the commission shall include the Director of Environment and Energy or his or her designee, the Director-State Engineer or his or her designee, the Superintendent of Law Enforcement and Public Safety or his or her designee, the State Fire Marshal or his or her designee, the director of the Nebraska Emergency Management Agency or his or her designee, the chief executive officer of the Department of Health and Human Services or his or her designee, two elected officials or employees of municipal or county government, and one citizen member to represent each of the following interest groups: Firefighters, local emergency management, public or community health, environmental protection, labor, school district, small business, agricultural business, chemical industry, highway transportation, and rail transportation. The Governor shall appoint the municipal or county government officials or employees and the citizen members with the approval of the Legislature. The appointments shall be made to represent the three congressional districts as equally as possible.
(2) The members appointed by the Governor shall be appointed for terms of four years, except that of the first citizen members appointed, three members shall serve for one-year terms, three members shall serve for two-year terms, and two members shall serve for three-year terms, as designated at the time of appointment.
(3) A vacancy on the commission shall exist in the event of the death, disability, or resignation of a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed by the Governor for the remainder of such term.
Source
Laws 1997, LB 374, § 20;
Laws 2007, LB296, § 760;
Laws 2019, LB302, § 147.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,211 - Chairperson; meetings; expenses.

81-15,211.
Chairperson; meetings; expenses.
(1) The commission shall annually elect a chairperson from among its citizen members. The commission shall meet at least twice each year and may meet more often at the call of the chairperson or at the request of any three members.
(2) All members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1997, LB 374, § 21;
Laws 2020, LB381, § 124.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,212 - Commission; duties; emergency planning districts.

81-15,212.
Commission; duties; emergency planning districts.
(1) The commission shall:
(a) Appoint local emergency planning committees pursuant to section 81-15,215; and
(b) Supervise and coordinate the activities of the local emergency planning committees.
(2) The commission shall designate each county or, where appropriate, multiple counties as emergency planning districts in order to facilitate preparation and implementation of emergency plans.
Source
Laws 1997, LB 374, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,213 - Nebraska Emergency Management Agency; Department of Environment and Energy; duties.

81-15,213.
Nebraska Emergency Management Agency; Department of Environment and Energy; duties.
(1) The Nebraska Emergency Management Agency shall supervise and coordinate emergency planning and training under section 305 of Title III and shall oversee and distribute all funds received under section 305 of Title III and section 81-15,214.
(2) The Department of Environment and Energy shall receive emergency notification and facility reports and establish procedures for receiving and processing requests from the public for information as required to be provided under the Nebraska Emergency Planning and Community Right to Know Act. The director or his or her designee shall serve as commission coordinator for information.
Source
Laws 1997, LB 374, § 23;
Laws 2019, LB302, § 148.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,214 - Nebraska Emergency Planning and Community Right to Know Cash Fund; created; use; investment.

81-15,214.
Nebraska Emergency Planning and Community Right to Know Cash Fund; created; use; investment.
(1) There is hereby created the Nebraska Emergency Planning and Community Right to Know Cash Fund. The fund may receive gifts, bequests, grants, fees, or other contributions or donations from public or private entities. The fund shall be used to carry out the purposes of the Nebraska Emergency Planning and Community Right to Know Act, including:
(a) The funding of specific projects as approved by the commission; and
(b) The payment of expenses incurred by the commission to administer the fund. Payment from the fund for costs of administering the fund shall not exceed fifteen percent of the total receipts of the fund during the fiscal year. The commission shall adopt and promulgate rules and regulations governing allocations from the fund and shall publish guidelines regarding allocations from the fund. 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.
(2) Entities receiving allocations from the Nebraska Emergency Planning and Community Right to Know Cash Fund shall expend the allocation in a manner expressly approved by the commission. If allocations from the fund are used for purposes other than those approved by the commission, the commission may recover by appropriate legal means any funds spent inconsistent with the terms of the allocation. Any recovered funds shall be deposited in the fund.
Source
Laws 1997, LB 374, § 24.
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 › 81-15,215 - Local emergency planning committee; members; terms.

81-15,215.
Local emergency planning committee; members; terms.
The commission shall appoint the members of each local emergency planning committee for each emergency planning district established after September 13, 1997. Only one local emergency planning committee shall be established in each district. To the extent possible, each committee established prior to, on, or after September 13, 1997, shall include at a minimum a representative from each of the following interest groups: State and local elected officials, public health, local environmental protection, hospitals, firefighters, local emergency management, law enforcement, transportation, broadcast and print media, neighborhood and community organizations, and owners and operators of facilities which are subject to the requirements of the Nebraska Emergency Planning and Community Right to Know Act. The committee members shall be appointed for terms of two years, except that of the initial appointees, approximately one-half of the members shall serve for terms of one year as designated at the time of appointment. A vacancy on a committee shall exist in the event of the death, disability, or resignation of a member. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
Source
Laws 1997, LB 374, § 25.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,216 - Local emergency planning committee; chairperson; meetings.

81-15,216.
Local emergency planning committee; chairperson; meetings.
Each local emergency planning committee shall annually elect a chairperson. Each committee shall meet at least annually and may meet more often at the call of the chairperson or at the request of any three members.
Source
Laws 1997, LB 374, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,217 - Local emergency planning committee; powers and duties.

81-15,217.
Local emergency planning committee; powers and duties.
(1) Each local emergency planning committee shall:
(a) Establish rules governing the functioning of the committee consistent with the Open Meetings Act and sections 84-712 to 84-712.09. The rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan required under subdivision (c) of this subsection, public comments, response to such comments by the committee, and distribution of the emergency plan;
(b) Establish procedures for receiving and processing requests from the public for information required to be provided under the Nebraska Emergency Planning and Community Right to Know Act. The procedures shall include provisions to inform members of the public of the right to bring an action under federal law to enforce the act. The procedures shall include the designation of an official to serve as coordinator for information;
(c) Complete preparation of an emergency plan in accordance with the act not later than January 1, 1998, unless a plan for the emergency planning district has previously been submitted and approved by the commission. The committee shall review and update the plan once a year beginning March 1, 1999, and each March 1 thereafter, or more frequently as changed circumstances in the community or at any facility may require;
(d) Evaluate the need for resources necessary to develop, implement, and exercise the emergency plan and make recommendations with respect to additional resources that may be required and the means for providing such additional resources; and
(e) Designate a public library in each county within its district as a depository for the emergency plan, deliver the plan to the designated library, and update the plan as necessary.
(2) Each local emergency planning committee may receive gifts, bequests, grants, or other contributions or donations from public or private sources to carry out its duties and the purposes of the act, including, but not limited to, administrative costs and reimbursement to committee members for their actual and necessary travel expenses. Any gifts, bequests, grants, or other contributions or donations received from public or private sources shall be accounted for in an annual report to the commission. The commission shall adopt and promulgate rules and regulations governing the receipt and use of any gifts, bequests, grants, or other contributions or donations from public or private sources.
Source
Laws 1997, LB 374, § 27;
Laws 2004, LB 821, § 32.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,218 - Facility; notifications required.

81-15,218.
Facility; notifications required.
(1) The owner or operator of each facility in which an extremely hazardous substance exceeding threshold planning quantities is present shall notify the commission that such facility is subject to the Nebraska Emergency Planning and Community Right to Know Act within sixty days after September 13, 1997, unless notification was made prior to September 13, 1997, and shall notify the commission and the local emergency planning committee of the emergency planning district in which the facility is located that such facility is subject to the act within sixty days after an extremely hazardous substance first becomes present at such facility in excess of the threshold planning quantity established for such substance. If there is a revision of the definition of extremely hazardous substances and the facility has present a substance included in the revised definition in excess of the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the commission and the committee of the district in which the facility is located within sixty days after such revision that such facility is subject to the act.
(2) The commission shall notify the director and the State Administrator of facilities subject to the act. The notification shall include:
(a) Each notification received from a facility under subsection (1) of this section; and
(b) Each facility designated by the commission under subsection (3) of this section.
(3) For purposes of emergency planning, the commission may designate additional facilities which are subject to the act if such designation is made after public notice and opportunity for comment. The commission shall notify the facility concerned of any designation under this subsection.
Source
Laws 1997, LB 374, § 28.