reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1843 - Jurisdictional utility; failure to pay assessment; procedure.

66-1843.
Jurisdictional utility; failure to pay assessment; procedure.
If any jurisdictional utility against which an assessment has been made pursuant to the State Natural Gas Regulation Act, within fifteen days after the notice of such assessment, (1) neglects or refuses to pay the same or (2) fails to file objections to the assessment with the commission as provided in section 66-1844, the commission shall transmit to the State Treasurer a certified copy of the notice of assessment, together with notice of neglect or refusal to pay the assessment, and on the same day the commission shall mail by registered mail to the utility against which the assessment has been made a copy of the notice which it has transmitted to the State Treasurer. If any such utility fails to pay such assessment to the State Treasurer within ten days after receipt of such notice and certified copy of such assessment, the assessment shall bear interest at the rate of fifteen percent per annum from and after the date on which the copy of the notice was mailed by registered mail to such utility.
Source
Laws 2003, LB 790, § 43.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1844 - Jurisdictional utility; objections to assessment; procedure.

66-1844.
Jurisdictional utility; objections to assessment; procedure.
(1) Within fifteen days after the date of the mailing of any notice of assessment under sections 66-1840 and 66-1841, the jurisdictional utility against which such assessment has been made may file with the commission objections setting out in detail the ground upon which such objector regards such assessment to be excessive, erroneous, unlawful, or invalid. The commission, after notice to the objector, shall hold a hearing in accordance with rules and regulations adopted and promulgated pursuant to section 75-110. The commission shall determine if the assessment or any part of the assessment is excessive, erroneous, unlawful, or invalid and shall render an order upholding, invalidating, or amending the assessment. An amended assessment shall have in all respects the same force and effect as though it were an original assessment.
(2) If any assessment against which objections have been filed is not paid within ten days after service of an order finding that such objections have been overruled and disallowed by the commission, the commission shall give notice of such delinquency to the State Treasurer and to the objector in the manner provided for in the State Natural Gas Regulation Act. The State Treasurer shall then collect the amount of such assessment. If an amended assessment is not paid within ten days after service of the order of the commission, the commission shall notify the State Treasurer and the objector as in the case of delinquency in the payment of an original assessment. The State Treasurer shall then collect the amount of such assessment as provided in the case of an original assessment.
Source
Laws 2003, LB 790, § 44.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1845 - Jurisdictional utility; assessment; action to recover.

66-1845.
Jurisdictional utility; assessment; action to recover.
Every jurisdictional utility against which an assessment is made shall pay the amount thereof and, after such payment, may under the conditions in the State Natural Gas Regulation Act, at any time within one year from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the assessment, for which payment was made, was excessive, erroneous, unlawful, or invalid, the State Treasurer shall make a refund to the claimant as directed by the court.
Source
Laws 2003, LB 790, § 45.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1846 - Action to recover assessment; requirements.

66-1846.
Action to recover assessment; requirements.
(1) No action for recovery of any amount paid pursuant to the State Natural Gas Regulation Act shall be maintained in any court unless objections have been filed with the commission as provided in section 66-1844. In any action for recovery of any payments made under the act, the claimant shall be entitled to raise every relevant issue of law, but the commission's findings of fact made pursuant to the act shall be prima facie evidence of the facts therein stated.
(2) The following shall be deemed to be findings of fact of the commission within the meaning of the act: (a) Determinations of fact expressed in notices of assessments given pursuant to the act; and (b) determinations of fact set out in those minutes of the commission which record the action of the commission in connection with making the assessments and passing upon objections thereto.
Source
Laws 2003, LB 790, § 46.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1847 - Public natural gas utilities; requirements.

66-1847.
Public natural gas utilities; requirements.
Natural gas utilities owned and operated by a city or a metropolitan utilities district shall establish rates and conditions of service for all residential ratepayers of each such utility in a nondiscriminatory manner.
Source
Laws 2003, LB 790, § 47.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1848 - Competitive natural gas providers and aggregators; terms, defined.

66-1848.
Competitive natural gas providers and aggregators; terms, defined.
For purposes of this section and section 66-1849:
(1) Aggregator means a person who combines retail end users into a group and arranges for the acquisition of competitive natural gas services without taking title to those services; and
(2)(a) Competitive natural gas provider means a person who takes title to natural gas and sells it for consumption by a retail end user. Competitive natural gas provider includes an affiliate of a natural gas public utility.
(b) Competitive natural gas provider does not include the following:
(i) A jurisdictional utility;
(ii) A city-owned or operated natural gas utility or metropolitan utilities district in areas in which it provides natural gas service through pipes it owns; or
(iii) A natural gas public utility that is not subject to the act as provided in section 66-1803 in areas in which it is providing natural gas service in accordance with section 66-1803.
Source
Laws 2003, LB 790, § 48.
Annotations
A metropolitan utilities district that intends to sell natural gas to distribution facilities it does not own falls under the certification provisions of this section and the Public Service Commission's jurisdiction. In re Application of Metropolitan Util. Dist., 270 Neb. 494, 704 N.W.2d 237 (2005).
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1849 - Competitive natural gas providers and aggregators; certification by commission; costs and expenses; allocation.

66-1849.
Competitive natural gas providers and aggregators; certification by commission; costs and expenses; allocation.
(1) The commission shall certify all competitive natural gas providers and aggregators providing natural gas services. In an application for certification, a competitive natural gas provider or aggregator shall reasonably demonstrate managerial, technical, and financial capability sufficient to obtain and deliver the services such provider or aggregator proposes to offer. The commission may establish reasonable conditions or restrictions on the certificate at the time of issuance. The commission shall adopt and promulgate rules and regulations to establish specific criteria for certification. The commission shall make a determination on an application for certification within ninety days after its submission unless the commission determines that additional time is necessary to consider the application. If the commission determines that additional time is necessary to consider the application, the commission may extend the time for making a determination for an additional sixty days.
(2) The commission may resolve disputes involving the provision of natural gas services by a competitive natural gas provider or aggregator.
(3) The commission shall allocate the costs and expenses reasonably attributable to certification and dispute resolution as authorized in this section to persons identified as parties to such proceeding who are engaged in or who seek to engage in providing natural gas services or other persons identified as participants in such proceeding. The funds received for the costs and expenses of certification and dispute resolution shall be remitted to the State Treasurer for credit to the Public Service Commission Regulation Fund.
Source
Laws 2003, LB 790, § 49.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1850 - Act; enforcement; prior law; applicability.

66-1850.
Act; enforcement; prior law; applicability.
(1) The State Natural Gas Regulation Act shall not be enforced retroactively before May 31, 2003. A rate filing made pursuant to the provisions of the Municipal Natural Gas Regulation Act prior to such date shall be governed by the act by its terms as in effect on the date of the filing. The enactment into law of the State Natural Gas Regulation Act shall not have the effect of releasing or waiving any right of action by the state, any body corporate and politic, municipal corporation, person, or corporation, pending on May 31, 2003, for any right which may have arisen or accrued under the Municipal Natural Gas Regulation Act.
(2) The rates, terms and conditions of service, and rate areas of a jurisdictional utility in effect on or before May 31, 2003, shall remain in effect after May 31, 2003, and shall be treated as if approved and adopted by the commission pursuant to the State Natural Gas Regulation Act.
(3) The rate areas established pursuant to the Municipal Natural Gas Regulation Act and in effect on May 31, 2003, shall be the initial rate areas in effect under the State Natural Gas Regulation Act. Each jurisdictional utility shall file with the commission a map showing the boundaries of such areas and intervening and adjacent rural territories served within such rate areas.
(4) Except as provided in subsection (5) of this section, following the filing of maps pursuant to subsection (3) of this section, a jurisdictional utility may file with the commission a revised map or maps of any affected rate areas reflecting changes in the boundaries of one or more of the initially filed rate areas and such changes shall become effective upon filing. The commission may, upon its own initiative or upon complaint, review such rate area boundaries and, following notice and hearing, reject or modify proposed changes upon the basis that the proposed changes in boundaries are unduly preferential, unjustly discriminatory, or not just and reasonable.
(5) A rate area containing a city of the primary class shall not be changed to include any other city until after June 1, 2007.
(6) The commission may waive application of the definition of high-volume ratepayer for all ratepayers (a) who prior to April 16, 2004, obtained natural gas service from a jurisdictional utility pursuant to subsection (3) of former section 19-4604, as such section existed prior to May 24, 2003, and (b) whose current consumption of natural gas would qualify such ratepayers to receive natural gas service pursuant to such former section if the section had not been repealed. All ratepayers meeting such criteria may be treated as high-volume ratepayers pursuant to the State Natural Gas Regulation Act. The authority granted pursuant to this subsection and any such waiver shall expire on June 1, 2007.
Source
Laws 2003, LB 790, § 50;
Laws 2004, LB 499, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1851 - Jurisdictional utility; customer choice or other programs; how treated.

66-1851.
Jurisdictional utility; customer choice or other programs; how treated.
(1) Notwithstanding any other provisions in the State Natural Gas Regulation Act, a jurisdictional utility may file with the commission rates and one or more rate schedules and other charges, and rules and regulations pertaining thereto, that enable the utility to provide service to ratepayers under customer choice and other programs offered by a utility to unbundle one or more elements of the service provided by the utility.
(2) The commission shall not eliminate or modify the terms of any customer choice or other unbundling programs in existence on May 31, 2003, or as thereafter modified by a filing made by the jurisdictional utility, except as permitted by the act after complaint or the commission's own motion and hearing. In any rate determination made under the act, the commission shall not penalize the utility for any action prudently taken or decision prudently made under its approved bundling program, by imputing revenue at maximum rates or otherwise.
(3) The commission may not modify the provisions of a program under this section except upon complaint or the commission's own motion, wherein the commission finds, after hearing, that one or more aspects of the program are unduly preferential, unjustly discriminatory, or not just and reasonable.
Source
Laws 2003, LB 790, § 51.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1852 - Extension of natural gas mains or other services; limitations.

66-1852.
Extension of natural gas mains or other services; limitations.
(1) Except as otherwise expressly authorized in the State Natural Gas Regulation Act, no person, public or private, shall extend duplicative or redundant natural gas mains or other natural gas services into any area which has existing natural gas utility infrastructure or where a contract has been entered into for the placement of natural gas utility infrastructure.
(2) The prohibition in subsection (1) of this section shall not apply in any area in which two or more jurisdictional utilities share authority to provide natural gas within the same territory under franchises issued by the same city.
(3) The prohibition in subsection (1) of this section shall not apply to the extension by a jurisdictional utility of a transmission line connecting to distribution facilities owned or operated by a jurisdictional utility, a city, or a metropolitan utilities district or to serve city-owned electric generating facilities located within the boundaries of a city within which the jurisdictional utility extending the transmission line provides natural gas service to customers.
(4)(a) The prohibition in subsection (1) of this section shall not apply to the extension by a metropolitan utilities district of a transmission line connecting to distribution facilities owned or operated by such metropolitan utilities district.
(b) The extension by a metropolitan utilities district of a transmission line connecting to distribution facilities owned or operated by such metropolitan utilities district shall not constitute an enlargement or expansion of its natural gas service area and shall not be considered part of its natural gas service area.
(c) The extension of a transmission line by a jurisdictional utility as provided in subsection (3) of this section shall not constitute an enlargement or expansion of the jurisdictional utility's natural gas service area and shall not be considered part of its natural gas service area if the transmission line makes its connection to distribution facilities in a county in which the natural gas service area or a portion of the natural gas service area of a metropolitan utilities district is located.
(5) The prohibition in subsection (1) of this section shall not apply to the extension by a city that owns or operates a natural gas utility of a transmission line that connects to its own distribution facilities.
(6) For purposes of this section, a transmission line means a pipeline, other than a gathering pipeline, distribution pipeline, or service line, that transports natural gas.
(7) Nothing in this section shall be construed to authorize a jurisdictional utility to extend a transmission line to a high-volume ratepayer with an existing source and adequate supply of natural gas that is located outside the area in which that jurisdictional utility has existing natural gas utility infrastructure.
Source
Laws 2003, LB 790, § 52;
Laws 2006, LB 1249, § 4;
Laws 2008, LB1072, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1853 - Certificate of public convenience; requirements.

66-1853.
Certificate of public convenience; requirements.
(1) Except as provided in subsection (2) of this section, no jurisdictional utility shall transact business in Nebraska until it has obtained a certificate from the commission that public convenience will be promoted by the transaction of the business and permitting the applicants to transact the business of a jurisdictional utility in this state.
(2) A jurisdictional utility transacting business in this state shall be issued a certificate of convenience based upon its natural gas service as of May 31, 2003.
(3) Every jurisdictional utility shall be required to furnish reasonably adequate and sufficient service and facilities for the use of any and all products or services rendered, furnished, supplied, or produced by such utility.
Source
Laws 2003, LB 790, § 53.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1855 - Banded rates; commission; powers.

66-1855.
Banded rates; commission; powers.
The commission may authorize, consistent with general regulatory principles, including, but not limited to (1) banded rates with a minimum and maximum rate that allows the jurisdictional utility to offer ratepayers rates within the rate band for the purpose of attracting additional natural gas service demand or to retain such demand, (2) mechanisms for the determination of rates by negotiation, and (3) customer choice and other programs to be offered by a natural gas public utility to unbundle one or more elements of the service provided by the utility.
Source
Laws 2003, LB 790, § 55.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1856 - Construction of new facilities; prior approval not required.

66-1856.
Construction of new facilities; prior approval not required.
A jurisdictional utility shall not be required to obtain prior approval from the commission to begin the construction of any new plant, equipment, property, or facility that the utility determines to be necessary to provide adequate and reliable service to ratepayers.
Source
Laws 2003, LB 790, § 56.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1857 - Rights and remedies; how construed.

66-1857.
Rights and remedies; how construed.
The rights and remedies given by the State Natural Gas Regulation Act shall be construed as cumulative of all other laws in force in this state relating to jurisdictional utilities and shall not repeal any other remedies or rights now existing in this state for the enforcement of the duties and obligations of jurisdictional utilities or the rights of the commission to regulate and control the same except where inconsistent with the act.
Source
Laws 2003, LB 790, § 57.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1858 - Metropolitan utilities district; solicitations prohibited; proposals authorized; when.

66-1858.
Metropolitan utilities district; solicitations prohibited; proposals authorized; when.
Whenever any city is furnished natural gas pursuant to a franchise agreement with a jurisdictional utility, a metropolitan utilities district shall not solicit such city to enter into a franchise agreement or promote discontinuance of natural gas service with the utility unless a specific invitation to submit a proposal on such a franchise has been formally presented to the board of directors of the metropolitan utilities district. For purposes of this section, a specific invitation to submit a proposal means a resolution adopted by the governing body of the city.
Whenever a specific invitation to submit a proposal is received by the board of directors of a metropolitan utilities district, the invitation will be considered by the board at its next regularly scheduled monthly meeting.
Source
Laws 1999, LB 78, § 2;
R.S.1943, (2004), § 57-1301;
Laws 2006, LB 1249, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1859 - Enlargement or extension of area; applicability of sections.

66-1859.
Enlargement or extension of area; applicability of sections.
Sections 66-1858 to 66-1864 shall be applicable to a jurisdictional utility only when it is operating in a county in which there is located the natural gas service area, or portion of the natural gas service area, of a metropolitan utilities district and only with regard to matters arising within any such county. Within the limits of a municipal county, the provisions of sections 66-1858 to 66-1864 shall be applicable to the extent and in the manner provided by the Legislature as required by section 13-2802.
Source
Laws 1999, LB 78, § 3;
Laws 2001, LB 142, § 52;
R.S.1943, (2004), § 57-1302;
Laws 2006, LB 1249, § 6.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1860 - Enlargement or extension of area; considerations.

66-1860.
Enlargement or extension of area; considerations.
No jurisdictional utility or metropolitan utilities district may extend or enlarge its natural gas service area or extend or enlarge its natural gas mains or natural gas services unless it is in the public interest to do so. In determining whether or not an extension or enlargement is in the public interest, the district or the utility shall consider the following:
(1) The economic feasibility of the extension or enlargement;
(2) The impact the enlargement will have on the existing and future natural gas ratepayers of the metropolitan utilities district or the jurisdictional utility;
(3) Whether the extension or enlargement contributes to the orderly development of natural gas utility infrastructure;
(4) Whether the extension or enlargement will result in duplicative or redundant natural gas utility infrastructure; and
(5) Whether the extension or enlargement is applied in a nondiscriminatory manner.
Source
Laws 1999, LB 78, § 4;
R.S.1943, (2004), § 57-1303;
Laws 2006, LB 1249, § 7.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1861 - Enlargement or extension of area; rebuttable presumptions.

66-1861.
Enlargement or extension of area; rebuttable presumptions.
In determining whether an enlargement or extension of a natural gas service area, natural gas mains, or natural gas services is in the public interest pursuant to section 66-1860, the following shall constitute rebuttable presumptions:
(1) Any enlargement or extension by a metropolitan utilities district within a city of the metropolitan class or its extraterritorial zoning jurisdiction is in the public interest;
(2) Any enlargement or extension by a jurisdictional utility within a city other than a city of the metropolitan class in which it serves natural gas on a franchise basis or its extraterritorial zoning jurisdiction is in the public interest; and
(3) Any enlargement or extension by a metropolitan utilities district within its statutory boundary or within a city other than a city of the metropolitan or primary class in which it serves natural gas on a franchise basis or its extraterritorial zoning jurisdiction is in the public interest.
Any enlargement or extension by a metropolitan utilities district within the boundaries of a city of the metropolitan class involving the exercise of the power of eminent domain pursuant to subsection (2) of section 14-2116 shall, by reason of such exercise, be conclusively determined to be in the public interest.
Source
Laws 1999, LB 78, § 5;
R.S.1943, (2004), § 57-1304;
Laws 2006, LB 1249, § 8.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1862 - Duplicative gas mains or services; prohibited.

66-1862.
Duplicative gas mains or services; prohibited.
A metropolitan utilities district or jurisdictional utility shall not extend duplicative or redundant interior natural gas mains or natural gas services into a subdivision, whether residential, commercial, or industrial, which has existing natural gas utility infrastructure or which has contracted for natural gas utility infrastructure with another utility.
Source
Laws 1999, LB 78, § 6;
R.S.1943, (2004), § 57-1305;
Laws 2006, LB 1249, § 9.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1864 - Enlargement or extension of area; records; open to public; use.

66-1864.
Enlargement or extension of area; records; open to public; use.
All books, records, vouchers, papers, contracts, engineering designs, and any other data of the metropolitan utilities district relating to the public interest of an extension or enlargement of natural gas mains or natural gas services or relating to natural gas service areas, whether in written or electronic form, shall be open and made available for public inspection, investigation, comment, or protest upon reasonable request during business hours, except that such books, records, vouchers, papers, contracts, designs, and other data shall be subject to section 84-712.05. Any books, records, vouchers, papers, contracts, designs, or other data not made available to the metropolitan utilities district or jurisdictional utility with regard to a proceeding before the commission regarding matters arising pursuant to sections 66-1858 to 66-1864 shall not be considered by the commission in determining whether an enlargement or extension is in the public interest.
Source
Laws 1999, LB 78, § 8;
R.S.1943, (2004), § 57-1307;
Laws 2006, LB 1249, § 11.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1865 - Jurisdictional utility; application and proposed rate schedules; filing; commission; powers.

66-1865.
Jurisdictional utility; application and proposed rate schedules; filing; commission; powers.
(1) Beginning January 1, 2010, a jurisdictional utility may file an application and proposed rate schedules with the commission to establish or change infrastructure system replacement cost recovery charge rate schedules that will allow for the adjustment of the jurisdictional utility's rates and charges to provide for the recovery of costs for eligible infrastructure system replacements. The commission shall not approve any infrastructure system replacement cost recovery charge rate schedules if such schedules would produce total annualized infrastructure system replacement cost recovery charge revenue below the lesser of one million dollars or one-half percent of the jurisdictional utility's base revenue level approved by the commission in the jurisdictional utility's most recent general rate proceeding. The commission shall not approve any infrastructure system replacement cost recovery charge rate schedules if such schedules would produce total annualized infrastructure system replacement cost recovery charge revenue exceeding ten percent of the jurisdictional utility's base revenue level approved by the commission in the jurisdictional utility's most recent general rate proceeding. Any infrastructure system replacement cost recovery charge rate schedules and any future changes thereto shall be calculated and implemented in accordance with the State Natural Gas Regulation Act. Infrastructure system replacement cost recovery charge revenue shall be subject to a refund based upon a finding and order of the commission to the extent provided in subsections (6) and (8) of section 66-1866 or as approved by the affected cities to the extent provided in subsection (6) and subdivision (7)(c) of section 66-1867.
(2) The commission shall not approve any infrastructure system replacement cost recovery charge rate schedules for any jurisdictional utility that has not had a general rate proceeding decided or dismissed by issuance of a commission order within the sixty months immediately preceding the application by the jurisdictional utility for an infrastructure system replacement cost recovery charge.
(3) A jurisdictional utility shall not collect an infrastructure system replacement cost recovery charge rate for a period exceeding sixty months after its initial approval unless within such sixty-month period the jurisdictional utility has filed for or is the subject of a new general rate proceeding, except that the infrastructure system replacement cost recovery charge rate may be collected until the effective date of new rate schedules established as a result of the new general rate proceeding or until the general rate proceeding is otherwise decided or dismissed by issuance of a commission order without new rates being established.
Source
Laws 2009, LB658, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2101 - Legislative declaration.

66-2101.
Legislative declaration.
The Legislature declares it is the public policy of this state to provide adequate natural gas pipeline facilities and service in order to expand and diversify the Nebraska economy resulting in increased employment, new and expanded businesses and industries, and new and expanded sources of tax revenue.
Source
Laws 2012, LB1115, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2102 - Terms, defined.

66-2102.
Terms, defined.
For purposes of sections 66-2101 to 66-2107:
(1) City means a city of the first or second class or village;
(2) Jurisdictional utility has the same meaning as in section 66-1802;
(3) Natural gas pipeline facility means a pipeline, pump, compressor, or storage or other facility, structure, or property necessary, useful, or incidental in the transportation of natural gas; and
(4) Rural infrastructure development means planning, financing, development, acquisition, construction, owning, operating, and maintaining a natural gas pipeline facility or entering into agreements with an interstate pipeline for existing, new, or expanded capacity on the interstate pipeline's system for the transportation of natural gas necessary to supply unserved or underserved areas; and
(5) Unserved or underserved area means an area in this state lacking adequate natural gas pipeline capacity to meet the demand of existing or potential end-use customers as determined by the jurisdictional utility presently serving the area. Unserved or underserved area does not include any area within a city of the primary or metropolitan class.
Source
Laws 2012, LB1115, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2103 - City; utilization of funds; powers.

66-2103.
City; utilization of funds; powers.
A city that has been authorized to utilize funds pursuant to the Local Option Municipal Economic Development Act for purposes of sections 66-1868 and 66-2101 to 66-2107 shall have all necessary powers to implement and to carry out its powers and duties under such sections.
Source
Laws 2012, LB1115, § 3.
Cross References
Local Option Municipal Economic Development Act, see section 18-2701.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2104 - Rural infrastructure development; jurisdictional utility; powers.

66-2104.
Rural infrastructure development; jurisdictional utility; powers.
A jurisdictional utility may undertake rural infrastructure development necessary to supply unserved or underserved areas in or adjacent to areas presently served by the jurisdictional utility and not served by another jurisdictional utility.
Source
Laws 2012, LB1115, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2105 - Jurisdictional utility; consider factors.

66-2105.
Jurisdictional utility; consider factors.
Prior to undertaking rural infrastructure development, a jurisdictional utility shall consider factors such as the economic impact to the area, economic feasibility, whether other options may be more in the public interest, such as utilization of any existing or planned interstate or intrastate pipeline facilities of private persons, companies, firms, or corporations, and the likelihood of successful completion and ongoing operation of the facility.
Source
Laws 2012, LB1115, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2106 - Jurisdictional utility; applicability of other law.

66-2106.
Jurisdictional utility; applicability of other law.
A jurisdictional utility shall not be subject to the State Natural Gas Regulation Act to the extent it is exercising power granted in section 66-2104 except as specifically provided otherwise but shall be subject to sections 75-501 to 75-503.
Source
Laws 2012, LB1115, § 6.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2107 - Sections; applicability.

66-2107.
Sections; applicability.
Sections 66-2101 to 66-2106 do not apply to a natural gas utility owned or operated by a city or a metropolitan utilities district.
Source
Laws 2012, LB1115, § 7.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2201 - Terms, defined.

66-2201.
Terms, defined.
For purposes of sections 66-2201 to 66-2207:
(1) Department means the Department of Environment and Energy;
(2) E-15 means a blend of ethanol and gasoline in which ethanol comprises fifteen percent of the blend by volume;
(3) E-85 means a blend of ethanol and gasoline in which ethanol comprises seventy percent or more of the blend by volume;
(4) Motor fuel pump means a meter or similar commercial weighing and measuring device used to measure and dispense motor fuel originating from a motor fuel storage tank;
(5) Program means the Renewable Fuel Infrastructure Program created in section 66-2202;
(6) Retail dealer means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis; and
(7) Retail motor fuel site means a geographic location in this state where a retail dealer sells and dispenses motor fuel from a motor fuel pump on a retail basis.
Source
Laws 2019, LB585, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2202 - Renewable Fuel Infrastructure Program; created.

66-2202.
Renewable Fuel Infrastructure Program; created.
The Renewable Fuel Infrastructure Program is created. The purpose of the program is to improve retail motor fuel sites by installing, replacing, or converting ethanol infrastructure to be used to store, blend, or dispense renewable fuel. The program shall function as a grant program administered by the department. Grant applications shall be made on a form prescribed by the department. Grant funds shall be distributed to eligible persons for eligible ethanol infrastructure projects under the requirements in section 66-2203.
Source
Laws 2019, LB585, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2203 - Grant; application; ethanol infrastructure project; eligibility for grant.

66-2203.
Grant; application; ethanol infrastructure project; eligibility for grant.
(1) A person shall be eligible to apply for a grant under the program if the person is an owner or operator of a retail motor fuel site.
(2) An ethanol infrastructure project shall be eligible for a grant under the program if such project is:
(a) Designed and used exclusively to store and dispense E-15 gasoline or E-85 gasoline or a blend of ethanol and gasoline from a motor fuel pump designed to blend such motor fuels together in blends higher than E-15. Such E-15 gasoline shall be a registered fuel recognized by the United States Environmental Protection Agency;
(b) On the premises of a retail motor fuel site; and
(c) Subject to a cost-share agreement as described in section 66-2205.
(3) An ethanol infrastructure project shall not be eligible for a grant under the program if such infrastructure includes a tank vehicle.
Source
Laws 2019, LB585, § 3.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2204 - Application; contents.

66-2204.
Application; contents.
Any eligible person applying for a grant under the program shall include the following information in the application:
(1) The name of the person and the address of the retail motor fuel site to be improved;
(2) A detailed description of the infrastructure to be installed, replaced, or converted, including, but not limited to, the model number of each motor fuel storage tank to be installed, replaced, or converted, if available;
(3) A statement describing how the retail motor fuel site is to be improved, the estimated cost of the planned improvement, and the date when the infrastructure will be first used; and
(4) A statement certifying the infrastructure project complies with section 66-2203 and will comply with a cost-share agreement entered into with the department pursuant to section 66-2205 unless granted a waiver by the department.
Source
Laws 2019, LB585, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2205 - Department; determine amount of grants; cost-share agreement; award; limitation.

66-2205.
Department; determine amount of grants; cost-share agreement; award; limitation.
(1) The department shall determine the amount of the grants to be awarded under the program. The department shall award grants to the maximum number of qualified applicants and may approve up to one million dollars in grants in any calendar year.
(2) The department shall approve and execute a cost-share agreement according to terms and conditions set by the department with an eligible person whose application is approved by the department for such grant. Such cost-share agreement shall state the total costs related to improving a retail motor fuel site, the amount of the grant, and whether the agreement is for a three-year or five-year period.
(3) In awarding grants under the program, an award shall not exceed (a) fifty percent of the estimated cost of the improvement or thirty thousand dollars, whichever is less, for a three-year cost-share agreement, or (b) seventy percent of the estimated costs of making the improvement or fifty thousand dollars, whichever is less, for a five-year cost-share agreement. The department may approve multiple improvements to the same retail motor fuel site so long as the total amount of the grants does not exceed the limitations in this subsection.
Source
Laws 2019, LB585, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2206 - Retail motor fuel site; requirements.

66-2206.
Retail motor fuel site; requirements.
A retail motor fuel site that is improved using grants under the program shall comply with federal and state standards governing new or upgraded motor fuel storage tanks used to store and dispense renewable fuels. A retail motor fuel site that is improved using grants under the program shall not use such infrastructure to store and dispense motor fuel other than the type of renewable fuel approved by the department in the cost-share agreement, unless granted a waiver by the department.
Source
Laws 2019, LB585, § 6.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2207 - Renewable Fuel Infrastructure Fund; created; use; investment.

66-2207.
Renewable Fuel Infrastructure Fund; created; use; investment.
The Renewable Fuel Infrastructure Fund is created. The fund shall consist of appropriations made by the Legislature, transfers authorized by the Legislature, grants, and any contributions designated for the purpose of 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. The fund shall be administered by the department and used to award grants under the program. No more than ten percent of the fund shall be used for administration of the program.
Source
Laws 2019, LB585, § 7.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2208 - E-15 Access Standard Act, how cited.

66-2208.
E-15 Access Standard Act, how cited.
Sections 66-2208 to 66-2218 shall be known and may be cited as the E-15 Access Standard Act.
Source
Laws 2023, LB562, § 1.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2209 - Purpose of act.

66-2209.
Purpose of act.
The purpose of the E-15 Access Standard Act is to increase consumer access to E-15 gasoline through the establishment of an access standard.
Source
Laws 2023, LB562, § 2.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2210 - Terms, defined.

66-2210.
Terms, defined.
For purposes of the E-15 Access Standard Act, unless the context otherwise requires:
(1) Department means the Department of Agriculture;
(2) Director means the Director of Agriculture;
(3) E-15 access standard means the requirements described in subsections (1) and (2) of section 66-2211;
(4) E-15 gasoline means a classification of ethanol blended gasoline formulated with a percentage of more than ten percent but no more than fifteen percent by volume of ethanol;
(5) Ethanol has the same meaning as agricultural ethyl alcohol as defined in section 66-482;
(6) Motor fuel means a substance or combination of substances which is intended to be or is capable of being used for the purpose of operating an internal combustion engine and is kept for sale or sold for that purpose;
(7) Motor fuel dispenser means equipment that is the part of motor fuel storage and dispensing infrastructure that includes mechanical or electrical systems that operate a motor fuel pump dispensing motor fuel from a motor fuel storage tank to the end point of the equipment's nozzle;
(8) Motor fuel pump means the part of motor fuel storage and dispensing infrastructure that is a meter or similar commercial weighing and measuring device used to measure and dispense motor fuel originating from a motor fuel storage tank, on a retail basis;
(9)(a) Motor fuel storage and dispensing infrastructure means equipment used to:
(i) Store and dispense motor fuel; or
(ii) Store, blend, and dispense motor fuel.
(b) Motor fuel storage and dispensing infrastructure includes, but is not limited to, a motor fuel storage tank, motor fuel pump, motor fuel dispenser, and associated pipes, hoses, nozzles, tubes, lines, fittings, valves, filters, seals, and covers. Motor fuel storage and dispensing infrastructure does not include signage not located on the motor fuel dispenser or motor fuel pump;
(10) Motor fuel storage tank means the part of motor fuel storage and dispensing infrastructure that includes an aboveground or belowground container constituting a fixture used to store an accumulation of motor fuel;
(11) Nonqualifying motor fuel dispenser means:
(a) A dispenser that exclusively dispenses any of the following:
(i) Aviation fuel;
(ii) Diesel fuel;
(iii) Kerosene; or
(iv) Diesel exhaust fluid;
(b) A dispenser that is part of a tank vehicle as defined in section 60-4,131 that is not used to dispense motor fuel on the premises of the retail motor fuel site; or
(c) A dispenser that is part of a commercial marina;
(12) Qualifying motor fuel dispenser means a motor fuel dispenser that is capable of dispensing motor fuel at all times that it is in operation. The term does not include nonqualifying motor fuel dispensers;
(13) Retail dealer means a person engaged in the business of storing and dispensing motor fuel from a motor fuel pump for sale on a retail basis; and
(14) Retail motor fuel site means a geographic location in this state where a retail dealer sells and dispenses motor fuel on a retail basis.
Source
Laws 2023, LB562, § 3.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2211 - Retail motor fuel site; motor fuel storage and dispensing infrastructure; new or replacement; retail dealer; requirements.

66-2211.
Retail motor fuel site; motor fuel storage and dispensing infrastructure; new or replacement; retail dealer; requirements.
(1) Beginning January 1, 2024, if a retail dealer constructs a new retail motor fuel site or replaces more than eighty percent of the motor fuel storage and dispensing infrastructure located at an existing retail motor fuel site, the retail dealer shall advertise for sale and sell E-15 gasoline from at least fifty percent of all qualifying motor fuel dispensers located at such retail motor fuel site unless the retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.
(2) If the statewide ethanol blend rate for 2027 is below fourteen percent as determined pursuant to section 66-2216 and the retail motor fuel site is not a retail motor fuel site described in subsection (1) of this section, then beginning January 1, 2028, the retail dealer shall advertise for sale and sell E-15 gasoline from at least one qualifying motor fuel dispenser located at such retail motor fuel site unless:
(a) A waiver has been issued under section 66-2213 because the motor fuel storage and dispensing infrastructure located at the retail motor fuel site is not compatible with the use of E-15 gasoline;
(b) The retail motor fuel site is exempt under section 66-2214 because all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as described in section 66-2214; or
(c) The retail dealer has filed a statement with the department under section 66-2215 in which the retail dealer swears or affirms that the retail motor fuel site qualifies as a small retail motor fuel site.
(3) A retail dealer owning or operating a retail motor fuel site is not prohibited from advertising for sale and selling motor fuel from any number of nonqualifying motor fuel dispensers.
(4) It is not a violation of this section if a retail dealer is out of compliance with this section while (a) temporarily maintaining, repairing, or reconditioning motor fuel storage and dispensing infrastructure or (b) temporarily installing, expanding, replacing, or converting motor fuel storage and dispensing infrastructure. The department may require that a retail dealer notify the department in advance of such actions, and the department may inspect the retail motor fuel site to determine if a violation occurred.
Source
Laws 2023, LB562, § 4.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2212 - Governor; executive order suspending E-15 access standard, when.

66-2212.
Governor; executive order suspending E-15 access standard, when.
The Governor may issue or renew an executive order that temporarily suspends the E-15 access standard if there is an inadequate supply of E-15 gasoline or the market price of E-15 gasoline may cause consumers to suffer economic hardship.
Source
Laws 2023, LB562, § 5.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-2214 - Motor fuel storage tanks; requirements; not applicable, when.

66-2214.
Motor fuel storage tanks; requirements; not applicable, when.
Subsection (2) of section 66-2211 shall not apply to a retail motor fuel site if all of the motor fuel storage tanks located at such site are listed with the State Fire Marshal as falling within one of the following categories:
(1) Each motor fuel storage tank not constructed of fiberglass was installed during or prior to 1985; or
(2) Each motor fuel storage tank constructed of fiberglass was installed during or prior to:
(a) For a double-wall fiberglass underground motor fuel storage tank, 1991; or
(b) For a single-wall fiberglass underground motor fuel storage tank, 1996.
Source
Laws 2023, LB562, § 7.
Effective Date: September 2, 2023