reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-729 - Permit or license; issuance; when; department; powers and duties.

66-729.
Permit or license; issuance; when; department; powers and duties.
After reviewing an application received in proper form, the department may issue to the applicant a permit or license. The department may refuse to issue a permit or license to any person:
(1) Who previously had a permit or license issued under the motor fuel laws of any state which, prior to the time of filing the application, has been suspended or canceled for cause;
(2) Who is a subterfuge for the real party in interest whose license, prior to the time of filing the application, has been suspended or canceled for cause;
(3) Which has as a partner, limited liability company member, or shareholder, with a ten percent or larger ownership interest, any person who is unable to obtain a license or permit in his or her own name;
(4) Who is not in compliance with requirements of the State Fire Marshal regarding underground storage tanks;
(5) Who is not in compliance with the Department of Agriculture regarding weights and measures;
(6) Who has been convicted of a felony in the last ten years; or
(7) Upon other sufficient cause being shown.
Before such refusal, the department shall grant the applicant a hearing and shall grant him or her at least ten days' written notice of the time and place.
Source
Laws 1991, LB 627, § 124;
Laws 1993, LB 121, § 399;
Laws 1994, LB 884, § 83;
Laws 1996, LB 1121, § 9.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-731 - Department; computer system; shared information.

66-731.
Department; computer system; shared information.
(1) The department shall develop, implement, and maintain a computer system for the automated recording and analysis of the motor vehicle fuel tax, the diesel fuel tax, and related information. The system shall be capable of directly accepting and recording data filed by magnetic media.
(2) The department shall share information pertaining to motor fuel use, tax collection, and related information with the Department of Agriculture, the State Fire Marshal, and the Nebraska State Patrol. The information shall be made available to these agencies and to any other state, federal, or local agency with a valid need for the information as determined by the Department of Revenue.
(3) The department may forward to any agency in this state, to the officials to whom are entrusted the enforcement of the motor fuel tax laws of any other state, the District of Columbia, the United States, its territories and possessions, and the provinces or the Dominion of Canada, or to any other person any information which the department may have relative to the receipt, storage, delivery, sale, use, or other disposition of motor fuel.
(4) The department may forward to any person statistical information, lists of licensees or permitholders, or totals for any licensee or permitholder.
Source
Laws 1991, LB 627, § 126;
Laws 1994, LB 1160, § 103;
Laws 1996, LB 1121, § 10.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-732 - Department of Revenue, Attorney General, and Nebraska State Patrol; duties.

66-732.
Department of Revenue, Attorney General, and Nebraska State Patrol; duties.
With funds appropriated for such purposes, the department, the Attorney General, and the Nebraska State Patrol shall each dedicate staff personnel and associated costs for the training of personnel and the review, development, enforcement, and prosecution of the motor fuel laws and the penalties associated with the failure to completely comply with the motor fuel laws, rules, and regulations.
It is the intent of this Legislature that the activities of the department, the Attorney General, and the Nebraska State Patrol be coordinated with activities of each other and all other local, state, and federal agencies involved with the development and enforcement of related laws, rules, and regulations.
Source
Laws 1991, LB 627, § 127;
Laws 1992, LB 1013, § 18.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-733 - Producers, suppliers, distributors, wholesalers, and importers; cash bond required; funds created; investment.

66-733.
Producers, suppliers, distributors, wholesalers, and importers; cash bond required; funds created; investment.
(1) All motor fuel producers, suppliers, distributors, wholesalers, and importers licensed under section 3-149 or 66-484 and all retailers licensed under section 66-6,106 shall jointly furnish a cash bond to the state to secure the payment of all fuel taxes.
(2) The cash bond shall be held by the State Treasurer in a motor fuel trust fund, which fund is hereby created, for the benefit of producers, suppliers, distributors, wholesalers, importers, and retailers. No producer, supplier, distributor, wholesaler, importer, or retailer shall have any claim or rights against the fund as a separate person. Any money in the diesel fuel importers trust fund and the motor vehicle fuel importers trust fund on March 30, 1995, shall be transferred to the motor fuel trust fund on such date.
(3) All funds in the trust 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 and may be pooled with other funds for the purposes of section 72-1267.
Source
Laws 1985, LB 273, § 25;
R.S.1943, (1990), § 66-610.01;
Laws 1991, LB 627, § 128;
Laws 1994, LB 1066, § 52;
Laws 1994, LB 1160, § 104;
Laws 1995, LB 182, § 56;
Laws 2004, LB 983, § 53.
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 › 66-734 - Cash bond; contribution; how collected.

66-734.
Cash bond; contribution; how collected.
(1) The contribution for the cash bond required in section 66-733 shall be collected by the department each tax period with the tax return for all such periods beginning on and after September 30, 1985. The amount due shall be deemed to be tax for the purpose of collection or refund.
(2) The amount collected each tax period from the motor fuel producers, suppliers, distributors, wholesalers, importers, and retailers shall be the portion of the commission allowed which equals one-fourth of one percent of the total tax due.
(3) The contributions from the motor fuel producers, suppliers, distributors, wholesalers, importers, and retailers shall continue to be collected until the amount in the trust fund, including interest earned, is equal to one percent of the total motor fuel tax collected during the preceding year. The contributions shall resume whenever the amount is less than one-half of one percent of the motor fuel tax collected during the preceding year.
(4) The department shall notify the producers, suppliers, distributors, wholesalers, importers, and retailers whenever it is necessary for the contributions to resume. The contributions shall begin with the first tax return that is due at least thirty days after notice is provided by the department.
Source
Laws 1985, LB 273, § 26;
R.S.1943, (1990), § 66-610.02;
Laws 1991, LB 627, § 129;
Laws 1994, LB 1160, § 105;
Laws 1995, LB 182, § 57;
Laws 2004, LB 983, § 54.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-735 - Trust fund; use; delinquency; certification; State Treasurer; duties.

66-735.
Trust fund; use; delinquency; certification; State Treasurer; duties.
(1) Money in the trust fund created pursuant to section 66-733 shall be used solely for the purpose of preventing a loss to the state for fuel taxes that are not paid.
(2) Whenever the department determines that fuel tax has been delinquent for ninety days, it shall certify the delinquent amount of tax and the interest due thereon to the State Treasurer. The certification shall include the specific fund into which the tax would have been deposited if received.
(3) Upon receipt of the certification, the State Treasurer shall transfer the amount to the fund identified.
(4) Such transfer shall not affect the liability of the producer, supplier, distributor, wholesaler, importer, or retailer to the state.
Source
Laws 1985, LB 273, § 27;
Laws 1988, LB 1039, § 10;
R.S.1943, (1990), § 66-610.03;
Laws 1991, LB 627, § 130;
Laws 1994, LB 1160, § 106;
Laws 1995, LB 182, § 58;
Laws 2004, LB 983, § 55.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-736 - Cash bond; contribution; refund; return of trust fund.

66-736.
Cash bond; contribution; refund; return of trust fund.
(1) A refund of the contributions made pursuant to section 66-734 shall be made only when there is a refund of the tax on which the contribution is calculated or when there was an error in the calculation.
(2) If the cash bond is abolished, the money in the trust fund shall be returned to the producers, suppliers, distributors, wholesalers, importers, and retailers who are then licensed by increasing the commission by the amount specified for the contributions. The reduction in collections because of the additional amount allowed to the producers, suppliers, distributors, wholesalers, importers, and retailers shall be replaced by a transfer from the cash bond to the appropriate highway fund.
Source
Laws 1985, LB 273, § 28;
R.S.1943, (1990), § 66-610.04;
Laws 1991, LB 627, § 131;
Laws 1994, LB 1160, § 107;
Laws 1995, LB 182, § 59;
Laws 2004, LB 983, § 56.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-739 - Motor Fuel Tax Enforcement and Collection Cash Fund; created; use; investment.

66-739.
Motor Fuel Tax Enforcement and Collection Cash Fund; created; use; investment.
There is hereby created the Motor Fuel Tax Enforcement and Collection Cash Fund. Such fund shall consist of appropriations to the fund and money transferred to it pursuant to section 39-2215. The fund shall be used exclusively for the costs of the Department of Revenue in carrying out its duties under the Compressed Fuel Tax Act, the Petroleum Release Remedial Action Act, the State Aeronautics Act, and sections 66-482 to 66-4,149, 66-501 to 66-531, and 66-712 to 66-736 and other related costs for the Department of Agriculture and the Nebraska State Patrol, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Motor Fuel Tax Enforcement and Collection Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1991, LB 627, § 142;
Laws 1994, LB 1066, § 53;
Laws 1994, LB 1160, § 110;
Laws 2009, First Spec. Sess., LB3, § 40;
Laws 2019, LB512, § 8.
Cross References
Compressed Fuel Tax Act, see section 66-697.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Petroleum Release Remedial Action Act, see section 66-1501.
State Aeronautics Act, see section 3-154.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-741 - Federally recognized Indian tribe; agreement with state; authorized.

66-741.
Federally recognized Indian tribe; agreement with state; authorized.
(1) The Governor or his or her designated representative may negotiate an agreement with the governing body of any federally recognized Indian tribe within the State of Nebraska concerning the collection and dissemination of any motor fuel tax on sales of motor fuel made on a federally recognized Indian reservation or on land held in trust for a Nebraska-based federally recognized Indian tribe. The agreement shall specify:
(a) Its duration;
(b) Its purpose;
(c) Provisions for administering, collecting, and enforcing the agreement;
(d) Remittance of taxes collected;
(e) The division of the proceeds of the tax between the parties;
(f) The method to be employed in accomplishing the partial or complete termination of the agreement; and
(g) Any other necessary and proper matters.
(2) The agreement shall require that the state motor fuel tax and any tribal motor fuel tax be identical in rate and base of transactions.
(3) An Indian tribe accepting an agreement under this section shall agree not to license or otherwise authorize an individual tribal member or other person or entity to sell motor fuel in violation of the terms of the agreement.
Source
Laws 2001, LB 172, § 11;
Laws 2007, LB537, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-821 - Terms, defined.

66-821.
Terms, defined.
For purposes of sections 66-821 to 66-824, unless the context otherwise requires:
(1) Gasohol shall mean gasoline which contains a minimum of ten percent blend of an agricultural ethyl alcohol whose purity shall be at least ninety-nine percent alcohol, excluding denaturant, produced from cereal grains or domestic agricultural commodities; and
(2) Department shall mean the Department of Transportation.
Source
Laws 1979, LB 74, § 1;
Laws 1981, LB 104, § 3;
Laws 1985, LB 346, § 5;
Laws 2017, LB339, § 242.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-822 - Department; motor vehicles; use of gasohol.

66-822.
Department; motor vehicles; use of gasohol.
The department shall, not later than July 1, 1980, implement a program of using gasohol as fuel in motor vehicles owned or operated by the department which are designed to operate on such fuel.
Source
Laws 1979, LB 74, § 2;
Laws 2017, LB339, § 243.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-823 - Department; gasohol; storage and dispensing facilities.

66-823.
Department; gasohol; storage and dispensing facilities.
The department shall provide storage and dispensing facilities at various sites in the state which will make gasohol reasonably accessible to all department vehicles equipped for its use.
Source
Laws 1979, LB 74, § 3.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-824 - Department; gasohol; use; conditions.

66-824.
Department; gasohol; use; conditions.
The department shall be required to comply with sections 66-821 to 66-824 only to the extent that gasohol supplies are available. The department shall purchase gasohol for use in its motor vehicles only if, and to the extent that, the cost of the gasohol does not exceed the cost of the fuel otherwise used in such vehicle by more than ten percent.
Source
Laws 1979, LB 74, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-825 - Unconstitutional.

66-825.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-826 - Unconstitutional.

66-826.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-827 - Unconstitutional.

66-827.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-828 - Unconstitutional.

66-828.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-829 - Unconstitutional.

66-829.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-830 - Unconstitutional.

66-830.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-831 - Unconstitutional.

66-831.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-832 - Unconstitutional.

66-832.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-833 - Unconstitutional.

66-833.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-834 - Unconstitutional.

66-834.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-835 - Unconstitutional.

66-835.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-836 - Unconstitutional.

66-836.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-837 - Unconstitutional.

66-837.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-838 - Unconstitutional.

66-838.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-839 - Unconstitutional.

66-839.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-840 - Unconstitutional.

66-840.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-841 - Unconstitutional.

66-841.
Unconstitutional.
Source
Note:
The Revisor of Statutes has pursuant to section 49-705 omitted sections 66-825 to 66-841 because the Supreme Court in State ex rel. Douglas v. Thone, 204 Neb. 836, 286 N.W.2d 249 (1979), held such sections from LB 571, Laws 1979, to be unconstitutional.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-901 - Legislative findings.

66-901.
Legislative findings.
The Legislature hereby finds and declares that the use of solar energy and wind energy in Nebraska: (1) Can help reduce the nation's reliance upon irreplaceable domestic and imported fossil fuels; (2) can reduce air and water pollution resulting from the use of conventional energy sources; (3) requires effective legislation and efficient administration of state and local programs to be of greatest value to its citizens; and (4) is of such importance to the public health, safety, and welfare that the state should take appropriate action to encourage its use.
As the use of solar energy and wind energy devices increases, the possibility of future shading and obstruction of such devices by structures or vegetation will also increase. The Legislature therefor declares that the purpose of sections 66-901 to 66-914 is to promote the public health, safety, and welfare by protecting access to solar energy and wind energy as provided in sections 66-901 to 66-914.
Source
Laws 1979, LB 353, § 1;
Laws 1997, LB 140, § 1;
Laws 2012, LB828, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-902 - Definitions; where found.

66-902.
Definitions; where found.
For purposes of sections 66-901 to 66-914, unless the context otherwise requires, the definitions found in sections 66-902.01 to 66-909.04 apply.
Source
Laws 1979, LB 353, § 2;
Laws 1997, LB 140, § 2;
Laws 2012, LB828, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-902.01 - Decommissioning security, defined.

66-902.01.
Decommissioning security, defined.
Decommissioning security means a security instrument that is posted or given by a wind developer to a municipality or other governmental entity to ensure sufficient funding is available for removal of a wind energy conversion system and reclamation at the end of the useful life of such a system.
Source
Laws 2012, LB828, § 3.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-903 - Solar energy, defined.

66-903.
Solar energy, defined.
Solar energy shall mean radiant energy, direct, diffuse, or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy.
Source
Laws 1979, LB 353, § 3.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-904 - Solar energy collector, defined.

66-904.
Solar energy collector, defined.
Solar energy collector shall mean a device, structure, or part of a device or structure which is used primarily to transform solar energy into thermal, chemical, or electrical energy. It includes any space or structural components specifically designed to retain heat derived from solar energy, any mechanism that converts wind energy into electrical energy, and any photosynthetic process specifically maintained to produce photosynthetic products.
Source
Laws 1979, LB 353, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-905 - Solar energy system, defined.

66-905.
Solar energy system, defined.
Solar energy system shall mean a complete design or assembly consisting of a solar energy collector, an energy storage facility when used, and components for the distribution of transformed energy to the extent that they cannot be used jointly with a conventional energy system. Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions, such as structural or recreational.
Source
Laws 1979, LB 353, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-906 - Passive solar energy system, defined.

66-906.
Passive solar energy system, defined.
Passive solar energy system shall mean any space or structural components that are specifically designed to retain heat derived from solar energy, including ponds for evaporative cooling, and any moving parts that increase heat retention by the system.
Source
Laws 1979, LB 353, § 6.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-908 - Structure, defined.

66-908.
Structure, defined.
Structure shall mean anything constructed, installed, or portable that requires for normal use a location on a parcel of land. This includes any movable structure located on land which can be used either temporarily or permanently for housing, business, commercial, agricultural, or office purposes. It also includes fences, billboards, poles, pipelines, transmission lines, and advertising signs.
Source
Laws 1979, LB 353, § 8.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-909 - Solar agreement, defined.

66-909.
Solar agreement, defined.
Solar agreement shall mean a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by any person for the purpose of insuring adequate access of a solar energy system to solar energy.
Source
Laws 1979, LB 353, § 9;
Laws 2012, LB828, § 5.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-909.02 - Wind energy conversion system, defined.

66-909.02.
Wind energy conversion system, defined.
Wind energy conversion system shall mean any device, supporting structure, mechanism, or series of mechanisms that uses wind for the production of electricity or a mechanical application.
Source
Laws 1997, LB 140, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-909.04 - Wind agreement, defined.

66-909.04.
Wind agreement, defined.
Wind agreement means a right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, wind easement, wind option, lease, or lease option securing land for the study or production of wind-generated energy or any other instrument executed by or on behalf of any owner of land or air space for the purpose of allowing another party to study the potential for or to develop a wind energy conversion system on such land or in such air space.
Source
Laws 2012, LB828, § 4.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-910 - Solar agreement; wind agreement; manner granted.

66-910.
Solar agreement; wind agreement; manner granted.
Any property owner may grant a solar agreement or wind agreement in the same manner and with the same effect as a conveyance of any other interest in real property.
Source
Laws 1979, LB 353, § 10;
Laws 1997, LB 140, § 6;
Laws 2012, LB828, § 6.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-911.01 - Solar agreement; wind agreement; land right or option to secure a land right; requirements.

66-911.01.
Solar agreement; wind agreement; land right or option to secure a land right; requirements.
An instrument creating a land right or an option to secure a land right in real property or the vertical space above real property for a solar agreement or a wind agreement shall be created in writing, and the instrument, or an abstract, shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the instrument is located. The instrument shall include, but the contents are not limited to:
(1) The names of the parties;
(2) A legal description of the real property involved;
(3) The nature of the interest created;
(4) The consideration paid for the transfer;
(5) A description of the improvements the developer intends to make on the real property, including, but not limited to: Roads; transmission lines; substations; wind turbines; and meteorological towers;
(6) A description of any decommissioning security or local requirements related to decommissioning; and
(7) The terms or conditions, if any, under which the interest may be revised or terminated.
An abstract under this section need not include the items described in subdivisions (4) through (7) of this section.
Source
Laws 1997, LB 140, § 8;
Laws 2009, LB568, § 5;
Laws 2012, LB828, § 7.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-912 - Solar agreement; wind agreement; how enforced.

66-912.
Solar agreement; wind agreement; how enforced.
A solar agreement or wind agreement may be enforced by injunction or proceedings in equity or other civil action.
Source
Laws 1979, LB 353, § 12;
Laws 1997, LB 140, § 9;
Laws 2012, LB828, § 8.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-912.01 - Solar agreement; wind agreement; initial term; limitation; termination.

66-912.01.
Solar agreement; wind agreement; initial term; limitation; termination.
A solar agreement or wind agreement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the solar agreement or wind agreement. The initial term of a solar agreement or wind agreement shall not exceed forty years, except that the parties to a solar agreement or wind agreement may extend or renew the initial term by mutual written agreement. A wind agreement shall terminate if development of a wind energy conversion system has not commenced within ten years after the effective date of the wind agreement, except that this period may be extended by mutual agreement of the parties to the wind agreement.
Source
Laws 2012, LB828, § 9.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-912.02 - Interest in wind or solar resource; restriction on severance from surface estate.

66-912.02.
Interest in wind or solar resource; restriction on severance from surface estate.
No interest in any wind or solar resource located on a tract of land and associated with the production or potential production of wind or solar energy on the tract of land may be severed from the surface estate.
Source
Laws 2012, LB828, § 10.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-913 - Counties or municipalities; zoning regulations, ordinances, and plans; considerations.

66-913.
Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
All counties or municipalities having zoning or subdivision jurisdiction are hereby authorized to include considerations for the encouragement of solar energy and wind energy use and the protection of access to solar energy and wind energy in all applicable zoning regulations or ordinances and comprehensive development plans. Such considerations may include, but not be limited to, regulation of height, location, setback, and use of structures, the height and location of vegetation with respect to property boundary lines, the type and location of energy systems or their components, and the use of districts to encourage the use of solar energy systems and wind energy conversion systems and protect access to solar energy and wind energy. Comprehensive development plans may contain an element for protection and development of solar energy and wind energy access which will promote energy conservation and ensure coordination of solar energy and wind energy use with conventional energy use.
Source
Laws 1979, LB 353, § 13;
Laws 1997, LB 140, § 10.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-914 - Solar energy systems; wind energy conversion systems; restricted by regulation or ordinance; variance or exception; when granted.

66-914.
Solar energy systems; wind energy conversion systems; restricted by regulation or ordinance; variance or exception; when granted.
When the application of any zoning or subdivision regulation or ordinance would prevent or unduly restrict the use of solar energy systems or wind energy conversion systems, the governing body of the county or municipality having zoning or subdivision jurisdiction is authorized to grant a variance or exception from the strict application thereof so as to relieve such restriction and protect access to solar energy or wind energy if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of such regulation or ordinance.
Source
Laws 1979, LB 353, § 14;
Laws 1997, LB 140, § 11.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1001 - Energy conservation and efficiency; legislative findings.

66-1001.
Energy conservation and efficiency; legislative findings.
The Legislature finds, for purposes of sections 66-1001 to 66-1011, that:
(1) Our present dependence on foreign oil has created a danger to the public health and welfare and a need for a dependable source of energy;
(2) Conservation is one of the most prudent means of meeting our need for a dependable source of energy;
(3) There is an urgent and continuing need for every person and business in the state to conserve energy;
(4) There is an urgent and continuing need for capital to provide the initial investment necessary to make homes and other buildings more energy efficient;
(5) It would be prudent for our publicly owned electric utilities to supply this needed capital in order to avoid the greater costs of constructing new generation facilities; and
(6) Involvement by our publicly owned electric utilities in energy conservation programs serves a public purpose.
Source
Laws 1980, LB 954, § 14.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1002 - Definitions, sections found.

66-1002.
Definitions, sections found.
For purposes of sections 66-1001 to 66-1011, unless the context otherwise requires, the definitions found in sections 66-1003 to 66-1006 shall be used.
Source
Laws 1980, LB 954, § 15.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1003 - Customer, defined.

66-1003.
Customer, defined.
Customer shall mean the owner or renter of any residential, agricultural, or commercial building in the state for which there is purchased, from a utility, electricity to be used for either space heating or cooling or the heating of water for domestic purposes. Owners of mobile homes may be included in this definition at the option of the utility involved.
Source
Laws 1980, LB 954, § 16.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1004 - Energy conservation measure, defined.

66-1004.
Energy conservation measure, defined.
Energy conservation measure shall mean installing or using any:
(1) Caulking or weatherstripping of doors or windows;
(2) Furnace efficiency modifications involving electric service;
(3) Clock thermostats;
(4) Water heater insulation or modification;
(5) Ceiling, attic, wall, or floor insulation;
(6) Storm windows or doors, multiglazed windows or doors, or heat absorbing or reflective glazed window and door material;
(7) Devices which control demand of appliances and aid load management;
(8) Devices to utilize solar energy, biomass, or wind power for any energy conservation purpose, including heating of water and space heating or cooling, which have been identified by the Department of Environment and Energy as an energy conservation measure for the purposes of sections 66-1001 to 66-1011;
(9) High-efficiency lighting and motors;
(10) Devices which are designed to increase energy efficiency, the utilization of renewable resources, or both; and
(11) Such other conservation measures as the department shall identify.
Source
Laws 1980, LB 954, § 17;
Laws 1982, LB 799, § 2;
Laws 1994, LB 941, § 1;
Laws 2019, LB302, § 76.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1005 - Loan, defined.

66-1005.
Loan, defined.
Loan shall mean an extension of credit by a utility from its own capital or from capital raised by the Nebraska Investment Finance Authority pursuant to sections 58-201 to 58-272 to or for the benefit of a customer solely for the purchase or installation of energy conservation measures with repayment to be made through the utility's periodic billing system.
Source
Laws 1980, LB 954, § 18;
Laws 1982, LB 799, § 3;
Laws 1983, LB 626, § 76.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1007 - Utility; initiate and administer loans.

66-1007.
Utility; initiate and administer loans.
A utility may make loans pursuant to sections 66-1001 to 66-1011 and may contract with banks, financial experts, and such other advisors as may be necessary in its judgment to initiate and administer the loans.
Source
Laws 1980, LB 954, § 20.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1008 - Utility; loans; restrictions.

66-1008.
Utility; loans; restrictions.
A utility making a loan pursuant to section 66-1007 shall not:
(1) Operate an energy conservation plan for profit; or
(2) Supply or install energy conservation measures under its plan or own, either wholly or partially, any subsidiary involved in supplying or installing energy conservation measures under its plan.
Source
Laws 1980, LB 954, § 21;
Laws 1994, LB 941, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1010 - Utilities; supplemental powers.

66-1010.
Utilities; supplemental powers.
The powers granted under sections 66-1001 to 66-1011 to public power districts, municipal electric utilities, rural power districts, and electric cooperative corporations shall be supplemental to those powers granted in Chapter 18 or 70.
Source
Laws 1980, LB 954, § 23.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1011 - Loan; use; limitation.

66-1011.
Loan; use; limitation.
Any customer obtaining a loan pursuant to sections 66-1001 to 66-1011 shall only use the funds to accomplish the purposes agreed upon at the time of the loan. This section shall not be construed to prohibit an owner or renter from providing services himself or herself to accomplish the agreed-upon purposes. If the borrower of any funds obtained pursuant to sections 66-1001 to 66-1011 uses such funds in a manner or for a purpose not authorized by this section, the total amount of the loan shall immediately become due and payable.
Source
Laws 1980, LB 954, § 24.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1060 - Legislative findings.

66-1060.
Legislative findings.
(1) The Legislature finds that it is in the public interest to support the development of least cost energy sources, including support for research, development, and the prudent use of renewable and nonrenewable supply-side technologies. The Legislature further finds that it is in the public interest to encourage energy efficiency and the use of indigenous energy sources. Consistent with this policy, the public utilities in Nebraska shall practice integrated resource planning and include least cost options when evaluating alternatives for providing energy supply and managing energy demand in Nebraska.
(2) For purposes of this section:
(a) Integrated resource planning means a planning process for new energy resources that evaluates the full range of alternatives, including new generating capacity, power purchases, energy conservation and efficiency, cogeneration and district heating and cooling applications, and renewable energy resources, in order to provide adequate and reliable service to electric customers at the lowest system cost. The process shall take into account necessary features for system operation, such as diversity, reliability, dispatchability, and other factors of risk, shall take into account the ability to verify energy savings achieved through energy conservation and efficiency and the projected durability of such savings measured over time, and shall treat demand and supply resources on a consistent and integrated basis; and
(b) Least cost or least cost option means providing reliable electric services to electric customers which will, to the extent practicable, minimize life-cycle system costs, including adverse environmental effects, of providing the services. To the extent practicable, energy efficiency and renewable resources may be given priority in any least cost planning.
Source
Laws 1995, LB 120, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1061 - Section and repeal of section, how construed.

66-1061.
Section and repeal of section, how construed.
Section 66-1060 and the repeal of section 70-627.01 shall not be construed to affect the operating authority of any electric generation facility owned or operated by any Nebraska electric utility on September 9, 1995.
Source
Laws 1995, LB 120, § 2.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1062 - Terms, defined.

66-1062.
Terms, defined.
For purposes of sections 66-1062 to 66-1066:
(1) Energy conservation measure means a training, service, or operations program, facility alteration, or capital equipment acquisition designed to reduce wastewater or energy, utility, or water consumption, enhance revenue, or reduce operating or capital costs. Energy conservation measure includes:
(a) Repair or renovation of heating, ventilation, and air conditioning systems;
(b) Installation or repair of automated or computerized energy control systems;
(c) Replacement or modification of lighting fixtures;
(d) Insulation of a building structure or systems within that structure;
(e) Installation of energy recovery systems;
(f) Installation of cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;
(g) Replacement, weatherstripping, caulking, or other insulation of windows or doors;
(h) Meter replacement, installation, or modification or installation of automated meter reading systems;
(i) Replacement or installation of energy or water conservation equipment or improvements thereto, or the substitution of non-water-using fixtures, appliances, or equipment; or
(j) Any other measure designed to reduce wastewater or energy, utility, or water consumption, enhance revenue, or reduce operating or capital costs;
(2) Energy financing contract means an agreement between an energy service company and a governmental unit for the implementation of one or more energy conservation measures in an existing facility in order to reduce wastewater or energy, utility, or water consumption, enhance revenue, or reduce operating or capital costs. Energy financing contract includes, but is not limited to, a performance contract, shared-savings contract, guaranteed contract, and lease-purchase contract;
(3) Energy service company means a person or business experienced in the implementation and installation of energy conservation measures; and
(4) Governmental unit means a school district, community college area, village, city, county, or department or agency of the State of Nebraska.
Source
Laws 1998, LB 1129, § 9;
Laws 1999, LB 236, § 1;
Laws 2016, LB881, § 1.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1063 - Governmental unit; energy financing contracts; authorized.

66-1063.
Governmental unit; energy financing contracts; authorized.
Notwithstanding the procedures for public lettings in sections 73-101 to 73-106 or any other statute of the State of Nebraska relating to the letting of bids by a governmental unit, a governmental unit may enter into an energy financing contract with an energy service company pursuant to sections 66-1062 to 66-1066.
Source
Laws 1998, LB 1129, § 10.
2023 Nebraska Revised Statutes › Chapter 66 - Oils, Fuels, and Energy › 66-1064 - Governmental unit; powers and duties.

66-1064.
Governmental unit; powers and duties.
(1) Prior to entering into an energy financing contract, a governmental unit shall obtain a written opinion from a professional engineer licensed in the State of Nebraska whose interests are independent from the financial savings or other revenue enhancement outcomes of the contract. The opinion shall contain a review of recommendations proposed by an energy service company pertaining to energy conservation measures designed to reduce energy or other utility consumption or to achieve operational or capital savings or revenue enhancement for the governmental unit.
(2) At least fourteen days prior to entering into an energy financing contract, a governmental unit shall furnish public notice of its intention to enter into such contract, the general nature of the proposed work being considered under the contract, and the name and telephone number of a person to be contacted by any energy service company interested in submitting a proposal to contract for such work. The governmental unit shall also directly solicit requests for qualifications from at least three energy service companies relating to the proposed contract.
(3) Upon receiving responses to its request for qualifications pursuant to subsection (2) of this section, the governmental unit may select the most qualified energy service company based on the company's experience, technical expertise, and financial arrangements, the overall benefits to the governmental unit, and other factors determined by the governmental unit to be relevant and appropriate. The governmental unit may thereafter negotiate and enter into an energy financing contract pursuant to section 66-1065 with the company selected based on the criteria established by the governmental unit.
Source
Laws 1998, LB 1129, § 11;
Laws 2016, LB881, § 2.