reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2511 - Incentive payments for street purposes; priority.

39-2511.
Incentive payments for street purposes; priority.
Before distributing the February portion of funds under sections 39-2518 and 66-4,148, incentive payments shall first be made as provided in sections 39-2512 to 39-2515.
Source
Laws 1969, c. 316, § 1, p. 1139;
Laws 2001, LB 142, § 45;
Laws 2021, LB174, § 17.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2512 - City street superintendent, defined; incentive payment.

39-2512.
City street superintendent, defined; incentive payment.
An incentive payment shall be made to each municipality or municipal county having appointed and employed a city street superintendent licensed under the County Highway and City Street Superintendents Act, during the calendar year preceding the year in which payment is made. For purposes of sections 39-2511 to 39-2515, city street superintendent means a person who assists the municipality or municipal county with the following:
(1) Developing and annually updating a long-range plan or program based on needs and coordinated with adjacent local governmental units;
(2) Developing an annual program for design, construction, and maintenance;
(3) Developing an annual budget based on programmed projects and activities;
(4) Submitting such plans, programs, and budgets to the local governing body for approval; and
(5) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets.
Source
Laws 1969, c. 316, § 2, p. 1139;
Laws 1976, LB 724, § 8;
Laws 2001, LB 142, § 46;
Laws 2003, LB 500, § 18;
Laws 2007, LB277, § 8;
Laws 2019, LB82, § 15;
Laws 2021, LB174, § 18.
Cross References
County Highway and City Street Superintendents Act, see section 39-2301.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2513 - Incentive payment; amount.

39-2513.
Incentive payment; amount.
Except as provided in section 39-2514, the incentive payment to the various municipalities or municipal counties shall be based on the class of license of the city street superintendent appointed and employed by the municipality or municipal counties and on the population of each municipality or urbanized area of each municipal county, as determined by the most recent federal census figures certified by the Tax Commissioner as provided in section 77-3,119, according to the following table:
Population
Class B License
Class A License
Payment
Payment
Not more than 500
$300.00
$600.00
501 to 1,000
$500.00
$1,000.00
1,001 to 2,500
$1,500.00
$3,000.00
2,501 to 5,000
$2,000.00
$4,000.00
5,001 to 10,000
$3,000.00
$6,000.00
10,001 to 20,000
$3,500.00
$7,000.00
20,001 to 40,000
$3,750.00
$7,500.00
40,001 to 200,000
$4,000.00
$8,000.00
200,001 and more
$4,250.00
$8,500.00
Source
Laws 1969, c. 316, § 3, p. 1139;
Laws 1993, LB 726, § 9;
Laws 1994, LB 1127, § 5;
Laws 2001, LB 142, § 47;
Laws 2003, LB 500, § 19;
Laws 2021, LB174, § 19.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2514 - Incentive payment; reduction; when.

39-2514.
Incentive payment; reduction; when.
(1) A reduced incentive payment shall be made to any municipality or municipal county having appointed and employed either (a) a licensed city street superintendent for only a portion of the calendar year preceding the year in which the payment is made or (b) two or more successive licensed city street superintendents for the calendar year preceding the year in which the payment is made. Such reduced payment shall be in the proportion of the payment amounts listed in section 39-2513 as the number of full months each such licensed superintendent was appointed and employed is of twelve.
(2) Any municipality or municipal county that contracts for the services of and appoints a consulting engineer licensed under the County Highway and City Street Superintendents Act or any other person licensed under the act to perform the duties outlined in section 39-2512 rather than appointing and employing a licensed city street superintendent shall be entitled to an incentive payment as provided in section 39-2513 or to the reduced incentive payment provided in subsection (1) of this section, as determined by the Department of Transportation pursuant to section 39-2515.
(3) Any municipality or municipal county that contracts with another municipality, county, or municipal county for the services of and appoints a licensed city street superintendent as provided in section 39-2114 shall be entitled to the incentive payment provided in section 39-2513 or the reduced incentive payment provided in subsection (1) of this section.
(4) Beginning in calendar year 2022, a municipality or municipal county may appoint and employ a professional engineer who is licensed pursuant to the Engineers and Architects Regulation Act but is not licensed under the County Highway and City Street Superintendents Act and who is serving as city engineer, village engineer, public works director, city manager, city administrator, or street commissioner to perform the duties of city street superintendent outlined in section 39-2512. In such case, the professional engineer's license under the Engineers and Architects Regulation Act shall serve as a Class A license for purposes of incentive payments under sections 39-2512 to 39-2515. This subsection only applies to a professional engineer in the direct employ of a municipality or municipal county and does not apply to an engineer serving as a contractor or consultant.
Source
Laws 1969, c. 316, § 4, p. 1140;
Laws 2001, LB 142, § 48;
Laws 2003, LB 500, § 20;
Laws 2017, LB339, § 167;
Laws 2021, LB174, § 20.
Cross References
County Highway and City Street Superintendents Act, see section 39-2301.
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2515 - Municipality or municipal county; certify information; incentive payments; Department of Transportation, certify amount; State Treasurer; payment.

39-2515.
Municipality or municipal county; certify information; incentive payments; Department of Transportation, certify amount; State Treasurer; payment.
(1) By December 31 of each year, each municipality or municipal county shall certify to the Department of Transportation, using the certification process developed by the department:
(a) The name of any appointed city street superintendent;
(b) Such superintendent's class of license, if applicable; and
(c) The type of appointment:
(i) Employed;
(ii) Contract consultant; or
(iii) Contract interlocal agreement with another municipality, county, or municipal county.
(2) The Department of Transportation shall, in January of each year commencing in 1970, determine and certify to the State Treasurer the amount of each incentive payment to be made under sections 39-2511 to 39-2515. The State Treasurer shall, on or before February 15, make the incentive payments in accordance with such certification.
Source
Laws 1969, c. 316, § 5, p. 1140;
Laws 2017, LB339, § 168;
Laws 2021, LB174, § 21.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2517 - Allocation of funds for street purposes; factors used.

39-2517.
Allocation of funds for street purposes; factors used.
The following factors and weights shall be used in determining the amount to be allocated to each of the municipalities or municipal counties for street purposes each year:
(1) Total population of each incorporated municipality or the urbanized area of a municipal county, as determined by the most recent federal census figures certified by the Tax Commissioner as provided in section 77-3,119, fifty percent;
(2) Total motor vehicle registrations, other than prorated commercial vehicles, in each incorporated municipality or the urbanized area of a municipal county, as determined from the most recent information available from the Department of Motor Vehicles, thirty percent; and
(3) Total number of miles of traffic lanes of streets in each incorporated municipality or the urbanized area of a municipal county, as determined by the most recent inventory available within the Department of Transportation, twenty percent.
Source
Laws 1969, c. 316, § 7, p. 1141;
Laws 1993, LB 726, § 10;
Laws 1994, LB 1127, § 6;
Laws 2001, LB 142, § 49;
Laws 2017, LB339, § 169.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2518 - Allocation of funds for street purposes; Department of Transportation; State Treasurer; duties.

39-2518.
Allocation of funds for street purposes; Department of Transportation; State Treasurer; duties.
The Department of Transportation shall compute the amount allocated to each municipality or municipal county under the factors listed in section 39-2517 and shall then compute the total allocation to each such municipality or municipal county and transmit such information to the local governing body and the State Treasurer, who shall disburse funds accordingly.
Source
Laws 1969, c. 316, § 8, p. 1141;
Laws 1986, LB 729, § 1;
Laws 2001, LB 142, § 50;
Laws 2017, LB339, § 170.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2520 - Funds received; use; restriction; exception.

39-2520.
Funds received; use; restriction; exception.
(1) All money derived from fees, excises, or license fees relating to registration, operation, or use of vehicles on the public highways, or to fuels used for the propulsion of such vehicles, shall be expended for payment of highway obligations, cost of construction, reconstruction, maintenance, and repair of public highways and bridges and county, city, township, and village roads, streets, and bridges, and all facilities, appurtenances, and structures deemed necessary in connection with such highways, bridges, roads, and streets, or may be pledged to secure bonded indebtedness issued for such purposes, except for (a) the cost of administering laws under which such money is derived, (b) statutory refunds and adjustments provided therein, and (c) money derived from the motor vehicle operators' license fees or money received from parking meter proceeds, fines, and penalties.
(2)(a) The requirements of subsection (1) of this section also apply to sales and use taxes imposed on motor vehicles, trailers, and semitrailers pursuant to sections 13-319, 77-27,142, and 77-6403, except that such provisions shall not apply in a municipality that has issued bonds (i) the proceeds of which were used for purposes listed in subsection (1) of this section and for which revenue other than sales and use taxes on motor vehicles, trailers, and semitrailers is pledged for payment or (ii) approved by a vote that required the use of sales and use taxes imposed on motor vehicles, trailers, and semitrailers for a specific purpose other than those listed in subsection (1) of this section, until all such bonds issued prior to January 1, 2006, have been paid or retired.
(b) The municipality shall determine (i) the amount of revenue other than sales and use tax revenue derived from motor vehicles, trailers, or semitrailers that is to be expended for the purposes listed in subsection (1) of this section and (ii) the amount of sales and use taxes expected to be collected from sales of motor vehicles, trailers, and semitrailers for that year. The municipality shall create and maintain such determination as a public record and certify the determination pursuant to sections 39-2120 and 39-2121.
Source
Laws 1969, c. 316, § 10, p. 1143;
Laws 1971, LB 74, § 2;
Laws 1997, LB 271, § 17;
Laws 2006, LB 904, § 3;
Laws 2019, LB82, § 16;
Laws 2019, LB472, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2601 - Purpose of sections.

39-2601.
Purpose of sections.
For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the location and maintenance of junkyards in areas adjacent to the Highway Beautification Control System within this state. The Legislature finds and declares that junkyards which do not conform to the requirements of sections 39-2601 to 39-2612 are public nuisances.
Source
Laws 1971, LB 398, § 1;
Laws 1995, LB 264, § 24.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2601.01 - Expenditure of funds; limitation.

39-2601.01.
Expenditure of funds; limitation.
The department shall not expend any funds under sections 39-2601 to 39-2612 unless federal-aid matching funds are available for the purpose described in 23 U.S.C. 136.
Source
Laws 1995, LB 264, § 34.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2602 - Terms, defined.

39-2602.
Terms, defined.
For purposes of sections 39-2601 to 39-2612, unless the context otherwise requires:
(1) Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;
(2) Automobile graveyard means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;
(3) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard, and includes garbage dumps and sanitary fills;
(4) Highway Beautification Control System has the same meaning as in section 39-201.01;
(5) Scenic byway has the same meaning as in section 39-201.01;
(6) Main-traveled way means the traveled portion of an interstate or primary highway on which through traffic is carried and, in the case of a divided highway, the traveled portion of each of the separated roadways;
(7) Person means any natural person, partnership, limited liability company, association, corporation, or governmental subdivision; and
(8) Department means the Department of Transportation.
Source
Laws 1971, LB 398, § 2;
Laws 1993, LB 121, § 214;
Laws 1995, LB 264, § 25;
Laws 2017, LB339, § 171.
Annotations
For purposes of subsection (2) of this section, a scrapped vehicle is an automobile which has no value whatsoever as a vehicle, but the only worth of which is in the value of its metal for remelting or remanufacturing. For purposes of subsection (2) of this section, a ruined vehicle is one which, through destruction or disintegration, has become formless, useless, or valueless. For purposes of subsection (2) of this section, a wrecked vehicle is one which is seriously damaged in its outward appearance. For purposes of subsection (2) of this section, a dismantled vehicle is one which is stripped of furnishings or equipment. For purposes of subsection (2) of this section, a junked vehicle is one no longer intended or in condition for legal use upon a public highway. State v. Melcher, 240 Neb. 592, 483 N.W.2d 540 (1992).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2603 - Location.

39-2603.
Location.
(1) Except as provided in subsection (2) of this section, no person shall locate or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, without obtaining a permit from the department.
(2) Junkyards located in counties which have formally adopted a comprehensive development plan and a zoning resolution regulating the location of junkyards within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, except those routes which consist of the federally designated National System of Interstate and Defense Highways, shall be exempt from the permit requirements of sections 39-2601 to 39-2612.
Source
Laws 1971, LB 398, § 3;
Laws 1995, LB 264, § 26;
Laws 2003, LB 186, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2604 - Permit; issuance; fees; disposition.

39-2604.
Permit; issuance; fees; disposition.
The department may issue permits for the location and operation of junkyards within the limits prescribed in section 39-2603. If the applicant is an individual, the application for a permit shall include the applicant's social security number. The department shall charge an annual permit fee to be paid to the department in the manner provided by the department and shall thereafter be paid into the Highway Cash Fund and shall, by order, adjust the annual fees to cover the costs of administering the provisions of sections 39-2601 to 39-2612.
Source
Laws 1971, LB 398, § 4;
Laws 1995, LB 264, § 27;
Laws 1997, LB 752, § 95.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2605 - Permit; issuance; conditions.

39-2605.
Permit; issuance; conditions.
No permit shall be granted for the location and maintenance of a junkyard within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System except the following:
(1) Those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight;
(2) Those located within areas which are zoned for industrial use under authority of the law of a municipality or county, except those located along any route designated as a scenic byway;
(3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by rules to be promulgated by the department, except those located along any route designated as a scenic byway; and
(4) Those which are not visible from the main-traveled way of the system.
Source
Laws 1971, LB 398, § 5;
Laws 1995, LB 264, § 28.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2606 - Existing junkyards; screening; expense paid by department.

39-2606.
Existing junkyards; screening; expense paid by department.
Except as provided in section 39-2608, any junkyard lawfully in existence on August 27, 1971, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled way of the Highway Beautification Control System and which does not qualify for a permit under section 39-2605 shall be screened by the department so as not to be visible from the main-traveled way of such highway, the cost of which shall be paid in full by the department.
Source
Laws 1971, LB 398, § 6;
Laws 1995, LB 264, § 29.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2607 - Rules and regulations; promulgation.

39-2607.
Rules and regulations; promulgation.
The department may promulgate rules governing the materials, location, planting, construction, and maintenance for the screening or fencing required by the provisions of sections 39-2601 to 39-2612.
Source
Laws 1971, LB 398, § 7;
Laws 1995, LB 264, § 30.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2608 - Removal; when; department; powers.

39-2608.
Removal; when; department; powers.
Any junkyard in existence on August 27, 1971, which does not qualify for a permit under section 39-2605 and which cannot, as a practical matter, be screened may be removed. The department may acquire by gift, purchase, exchange or condemnation from the owner, such interests in lands as may be necessary to acquire the location, or to effect the removal or disposal of such junkyards.
Source
Laws 1971, LB 398, § 8;
Laws 1995, LB 264, § 31.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2609 - Nuisance; injunction.

39-2609.
Nuisance; injunction.
The department may apply to the district court in the county in which such junkyards may be located for an injunction to abate such nuisance or for such other relief as may be necessary or proper.
Source
Laws 1971, LB 398, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2610 - Sections, how construed.

39-2610.
Sections, how construed.
Nothing in sections 39-2601 to 39-2612 shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than sections 39-2601 to 39-2612.
Source
Laws 1971, LB 398, § 10;
Laws 1995, LB 264, § 32.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2611 - Agreements with federal authority; authorization.

39-2611.
Agreements with federal authority; authorization.
The department shall be authorized to enter into agreements with the appropriate federal authority as provided by 23 U.S.C., relating to the control of junkyards in areas adjacent to the Highway Beautification Control System, and to take action in the name of the state to comply with the terms of such agreement.
Source
Laws 1971, LB 398, § 11;
Laws 1995, LB 264, § 33.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2612 - Violations; penalty.

39-2612.
Violations; penalty.
Any person who shall be found in violation of section 39-2603 shall be guilty of a Class II misdemeanor. Each day's violation shall constitute a separate offense.
Source
Laws 1971, LB 398, § 12;
Laws 1977, LB 40, § 220.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2702 - Terms, defined.

39-2702.
Terms, defined.
For purposes of the Build Nebraska Act:
(1) Department means the Department of Transportation;
(2) Fund means the State Highway Capital Improvement Fund; and
(3) Surface transportation project means (a) expansion or reconstruction of a road or highway which is part of the state highway system, (b) expansion or reconstruction of a bridge which is part of the state highway system, or (c) construction of a new road, highway, or bridge which, if built, would be a part of the state highway system.
Source
Laws 2011, LB84, § 2;
Laws 2017, LB339, § 172.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2703 - State Highway Capital Improvement Fund; created; use; investment.

39-2703.
State Highway Capital Improvement Fund; created; use; investment.
(1) The State Highway Capital Improvement Fund is created. The fund shall consist of money credited to the fund pursuant to subsection (4) of section 39-2215, proceeds of bonds issued pursuant to subsection (3) of section 39-2223, and any other money as determined by the Legislature.
(2) The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund.
(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. Investment earnings from investment of money in the fund shall be credited to the fund.
Source
Laws 2011, LB84, § 3;
Laws 2023, LB727, § 43.
Operative Date: June 7, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2704 - Fund; uses enumerated.

39-2704.
Fund; uses enumerated.
(1) The money credited to the fund pursuant to subsection (4) of section 39-2215 shall be used for repayment of bonds issued pursuant to subsection (3) of section 39-2223. If any of the money credited to the fund pursuant to subsection (4) of section 39-2215 exceeds the amount of the annual principal and interest requirements for such bonds which are issued, such money shall be used as follows:
(a) At least twenty-five percent of the money shall be used, as determined by the department, for construction of the expressway system and federally designated high priority corridors; and
(b) The remaining money shall be used to pay for surface transportation projects of the highest priority as determined by the department.
(2) The proceeds of bonds issued pursuant to subsection (3) of section 39-2223 which are credited to the fund shall be used as follows:
(a) At least seventy-five percent of the proceeds from such bonds shall be used, as determined by the department, for construction of the expressway system and federally designated high priority corridors; and
(b) The remaining proceeds shall be used to pay for surface transportation projects of the highest priority as determined by the department.
Source
Laws 2011, LB84, § 4;
Laws 2023, LB727, § 44.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2801 - Act, how cited.

39-2801.
Act, how cited.
Sections 39-2801 to 39-2825 shall be known and may be cited as the Transportation Innovation Act.
Source
Laws 2016, LB960, § 1;
Laws 2022, LB1016, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2803 - Transportation Infrastructure Bank Fund; created; use; investment.

39-2803.
Transportation Infrastructure Bank Fund; created; use; investment.
(1) The Transportation Infrastructure Bank Fund is created. The fund shall be administered by the department and shall be used for purposes of sections 39-2803 to 39-2807. 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. Investment earnings from investment of money in the fund shall be credited to the fund.
(2) The Transportation Infrastructure Bank Fund shall consist of money transferred from the Cash Reserve Fund pursuant to section 84-612 and any other money as determined by the Legislature.
(3) It is the intent of the Legislature that additional fuel tax revenue generated by Laws 2015, LB610, shall be transferred from the Roads Operations Cash Fund to the Transportation Infrastructure Bank Fund. Transfers shall be initiated each fiscal year by the State Treasurer following certification of revenue receipts by the Director-State Engineer from July 1, 2016, through June 2033. Transferred funds shall be used for purposes of sections 39-2803 to 39-2807.
Source
Laws 2016, LB960, § 3.
Termination Date: June 30, 2033
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2804 - Accelerated State Highway Capital Improvement Program; created.

39-2804.
Accelerated State Highway Capital Improvement Program; created.
The Accelerated State Highway Capital Improvement Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund. The purpose of the program is to accelerate capital improvement projects to provide the earliest possible mobility, freight, and safety benefits to the state, thereby accelerating enhancements to the state’s economy and the quality of life of the general public. The department shall develop the program. The projects eligible for funding under the program include construction of the expressway system and federally designated high priority corridors and needs-driven capacity improvements across the state.
Source
Laws 2016, LB960, § 4.
Termination Date: June 30, 2033
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2805 - County Bridge Match Program; created; termination.

39-2805.
County Bridge Match Program; created; termination.
(1) The County Bridge Match Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund. Forty million dollars shall be expended for this program. The purpose of the program is to promote innovative solutions and provide additional funding to accelerate the repair and replacement of deficient bridges on the county road system. The department shall develop the program, including participation criteria and matching fund requirements for counties, in consultation with a statewide association representing county officials. Participation by counties in the program shall be voluntary.
(2) The County Bridge Match Program terminates on June 30, 2029.
Source
Laws 2016, LB960, § 5;
Laws 2023, LB683, § 1;
Laws 2023, LB818, § 10.
Termination Date: June 30, 2029
Note:
The Revisor of Statutes has pursuant to section 49-769 correlated LB683, section 1, with LB818, section 10, to reflect all amendments.
Note:
Changes made by LB683 became effective May 27, 2023. Changes made by LB818 became effective May 25, 2023.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2806 - Economic Opportunity Program; created.

39-2806.
Economic Opportunity Program; created.
The Economic Opportunity Program is created. The Department of Transportation shall administer the program in consultation with the Department of Economic Development using funds from the Transportation Infrastructure Bank Fund, except that no more than twenty million dollars shall be expended for this program. The purpose of the program is to finance transportation improvements to attract and support new businesses and business expansions by successfully connecting such businesses to Nebraska’s multimodal transportation network and to increase employment, create high-quality jobs, increase business investment, and revitalize rural and other distressed areas of the state. The Department of Transportation shall develop the program, including the application process, criteria for providing funding, matching requirements, and provisions for recapturing funds awarded for projects with unmet obligations, in consultation with statewide associations representing municipal and county officials, economic developers, and the Department of Economic Development. No project shall be approved through the Economic Opportunity Program without an economic impact analysis proving positive economic impact. The details of the program shall be presented to the Appropriations Committee and the Transportation and Telecommunications Committee of the Legislature on or before December 1, 2016.
Source
Laws 2016, LB960, § 6;
Laws 2017, LB339, § 174.
Termination Date: June 30, 2033
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2807 - Sections; termination.

39-2807.
Sections; termination.
Sections 39-2803 to 39-2807 terminate on June 30, 2033. The State Treasurer shall transfer any unobligated funds remaining in the Transportation Infrastructure Bank Fund on such date to the Cash Reserve Fund.
Source
Laws 2016, LB960, § 7.
Termination Date: June 30, 2033
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2808 - Purpose of sections.

39-2808.
Purpose of sections.
The purpose of sections 39-2808 to 39-2824 is to provide a contracting agency alternative methods of contracting for public projects. The alternative methods of contracting shall be available to a contracting agency for use on any project regardless of the funding source. Notwithstanding any other provision of state law to the contrary, the Transportation Innovation Act shall govern the design-build, progressive design-build, and construction manager-general contractor procurement processes.
Source
Laws 2016, LB960, § 8;
Laws 2019, LB583, § 3;
Laws 2022, LB1016, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2809 - Design-build contract; progressive design-build contract; construction manager-general contract; authorized.

39-2809.
Design-build contract; progressive design-build contract; construction manager-general contract; authorized.
A contracting agency, in accordance with sections 39-2808 to 39-2824, may solicit and execute a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract for a public project, other than a project that is primarily resurfacing, rehabilitation, or restoration.
Source
Laws 2016, LB960, § 9;
Laws 2019, LB583, § 4;
Laws 2022, LB1016, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2810 - Contracting agency; hire engineering or architectural consultant.

39-2810.
Contracting agency; hire engineering or architectural consultant.
A contracting agency may hire an engineering or architectural consultant to assist the contracting agency with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to the project performance criteria, and with any additional services requested by the contracting agency to represent its interests in relation to a project. The procedures used to hire such person or organization shall comply with the Nebraska Consultants' Competitive Negotiation Act. The person or organization hired shall be ineligible to be included as a provider of other services in a proposal for the project for which he or she has been hired and shall not be employed by or have a financial or other interest in a design-builder or construction manager who will submit a proposal.
Source
Laws 2016, LB960, § 10;
Laws 2019, LB583, § 5.
Cross References
Nebraska Consultants' Competitive Negotiation Act, see section 81-1702.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2811 - Guidelines; contents.

39-2811.
Guidelines; contents.
The department shall adopt guidelines for entering into a design-build contract, a progressive design-build contract, or construction manager-general contractor contract. If an eligible county, a city of the metropolitan class, or a city of the primary class intends to proceed with a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract, the eligible county, city of the metropolitan class, or city of the primary class may adopt the guidelines published by the department. The department's guidelines shall include the following:
(1) Preparation and content of requests for qualifications;
(2) Preparation and content of requests for proposals;
(3) Qualification and short-listing of design-builders, progressive design-builders, and construction managers. The guidelines shall provide that the contracting agency will evaluate prospective design-builders, progressive design-builders, and construction managers based on the information submitted to the contracting agency in response to a request for qualifications and will select a short list of design-builders, progressive design-builders, or construction managers who shall be considered qualified and eligible to respond to the request for proposals;
(4) Preparation and submittal of proposals;
(5) Procedures and standards for evaluating proposals;
(6) Procedures for negotiations between the contracting agency and the design-builders, progressive design-builders, or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and
(7) Procedures for the evaluation of construction under a design-build contract or a progressive design-build contract to determine adherence to the project performance criteria.
Source
Laws 2016, LB960, § 11;
Laws 2019, LB583, § 6;
Laws 2022, LB1016, § 5.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2812 - Process; provisions applicable.

39-2812.
Process; provisions applicable.
(1) The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 39-2813 to 39-2816.
(2) Except as otherwise specifically provided in the Transportation Innovation Act, the process for selecting a progressive design-builder and entering into a progressive design-build contract shall be in accordance with sections 39-2813 to 39-2816.
Source
Laws 2016, LB960, § 12;
Laws 2022, LB1016, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2813 - Request for qualifications for design-build proposals and progressive design-build proposals; publication; short list created.

39-2813.
Request for qualifications for design-build proposals and progressive design-build proposals; publication; short list created.
(1) A contracting agency shall prepare a request for qualifications for design-build and progressive design-build proposals and shall prequalify design-builders and progressive design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder or a progressive design-builder to respond. The request for qualifications shall identify the maximum number of design-builders or progressive design-builders the contracting agency will place on a short list as qualified and eligible to receive a request for proposals.
(2) A person or organization hired by the contracting agency under section 39-2810 shall be ineligible to compete for a design-build contract on the same project for which the person or organization was hired.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any design-builder or progressive design-builder upon request.
(4) The contracting agency shall create a short list of qualified and eligible design-builders or progressive design-builders in accordance with the guidelines adopted pursuant to section 39-2811. The contracting agency shall select at least two prospective design-builders or progressive design-builders, except that if only one design-builder or progressive design-builder has responded to the request for qualifications, the contracting agency may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the design-builders or progressive design-builders placed on the short list.
Source
Laws 2016, LB960, § 13;
Laws 2019, LB583, § 7;
Laws 2022, LB1016, § 7.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2815 - Stipend.

39-2815.
Stipend.
The contracting agency shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the contracting agency ownership of the intellectual property contained in the proposals and alternative technical concepts. The amount of the stipend shall be at the discretion of the contracting agency as disclosed in the request for proposals.
Source
Laws 2016, LB960, § 15;
Laws 2019, LB583, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2817 - Selection of construction manager; construction manager-general contractor contract; sections applicable; request for qualifications; prequalification; publication; short list created.

39-2817.
Selection of construction manager; construction manager-general contractor contract; sections applicable; request for qualifications; prequalification; publication; short list created.
(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820.
(2) A contracting agency shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the contracting agency will place on a short list as qualified and eligible to receive a request for proposals.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.
(4) The contracting agency shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 39-2811. The contracting agency shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the contracting agency may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.
Source
Laws 2016, LB960, § 17;
Laws 2019, LB583, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2818 - Request for proposals for construction manager-general contractor contract; elements.

39-2818.
Request for proposals for construction manager-general contractor contract; elements.
A contracting agency shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements:
(1) The guidelines adopted in accordance with section 39-2811. The identification of a publicly accessible location of the guidelines, either physical or electronic, shall be considered compliance with this subdivision;
(2) The proposed terms and conditions of the contract, including any terms and conditions which are subject to further negotiation;
(3) Any bonding and insurance required by law or as may be additionally required by the contracting agency;
(4) General information about the project which will assist the contracting agency in its selection of the construction manager, including a project statement which contains information about the scope and nature of the project, the project site, the schedule, and the estimated budget;
(5) The criteria for evaluation of proposals and the relative weight of each criterion;
(6) A statement that the construction manager shall not be allowed to sublet, assign, or otherwise dispose of any portion of the contract without consent of the contracting agency. In no case shall the contracting agency allow the construction manager to sublet more than seventy percent of the work, excluding specialty items; and
(7) Other information or requirements which the contracting agency, in its discretion, chooses to include in the request for proposals.
Source
Laws 2016, LB960, § 18;
Laws 2019, LB583, § 12.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2819 - Submission of proposals; sealed; rank of construction managers; negotiation of contract.

39-2819.
Submission of proposals; sealed; rank of construction managers; negotiation of contract.
(1) Construction managers shall submit proposals as required by the request for proposals.
(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.
(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The contracting agency shall have the right to reject any and all proposals at no cost to the contracting agency. The contracting agency may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.
(4) The contracting agency shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The contracting agency may meet with construction managers prior to the ranking.
(5) The contracting agency may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the contracting agency is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the contracting agency may terminate negotiations with that construction manager. The contracting agency may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the contracting agency is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the contracting agency may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.
(6) If the contracting agency is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the contracting agency may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under sections 39-2808 to 39-2824.
Source
Laws 2016, LB960, § 19;
Laws 2019, LB583, § 13.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2820 - Contracting agency; cost estimate; conduct contract negotiations.

39-2820.
Contracting agency; cost estimate; conduct contract negotiations.
(1) Before the construction manager begins any construction services, a contracting agency shall:
(a) Conduct an independent cost estimate for the project; and
(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.
(2) If the construction manager and the contracting agency are unable to negotiate a contract, the contracting agency may use other contract procurement processes. Persons or organizations who submitted proposals but were unable to negotiate a contract with the contracting agency shall be eligible to compete in the other contract procurement processes.
Source
Laws 2016, LB960, § 20;
Laws 2019, LB583, § 14.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2821 - Contracts; changes authorized.

39-2821.
Contracts; changes authorized.
A design-build contract, a progressive design-build contract, and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the contracting agency in agreement with the design-builder, progressive design-builder, or construction manager to make changes in the project without invalidating the contract.
Source
Laws 2016, LB960, § 21;
Laws 2019, LB583, § 15;
Laws 2022, LB1016, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2822 - Department; authority for political subdivision projects.

39-2822.
Department; authority for political subdivision projects.
The department may enter into agreements under sections 39-2808 to 39-2824 to let, design, and construct projects for political subdivisions when any of the funding for such projects is provided by or through the department. In such instances, the department may enter into contracts with the design-builder, progressive design-builder, or construction manager. The provisions of the Political Subdivisions Construction Alternatives Act shall not apply to projects let, designed, and constructed under the supervision of the department pursuant to agreements with political subdivisions under sections 39-2808 to 39-2824.
Source
Laws 2016, LB960, § 22;
Laws 2019, LB583, § 16;
Laws 2022, LB1016, § 11.
Cross References
Political Subdivisions Construction Alternatives Act, see section 13-2901.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-2824 - Rules and regulations.

39-2824.
Rules and regulations.
The department may adopt and promulgate rules and regulations to carry out the Transportation Innovation Act. An eligible county, a city of the metropolitan class, or a city of the primary class may adopt a resolution or an ordinance establishing rules to carry out the act.
Source
Laws 2016, LB960, § 24;
Laws 2019, LB583, § 18.