reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,275 - Recreation camps; rules and regulations; existing rules, regulations, permits, forms of approval, suits, other proceedings; how treated.

81-15,275.
Recreation camps; rules and regulations; existing rules, regulations, permits, forms of approval, suits, other proceedings; how treated.
(1) The department is authorized to and shall formulate, adopt, publish, promulgate, and enforce such reasonable rules and regulations as it deems necessary to enforce sections 81-15,271 to 81-15,277 and to protect the health and welfare of persons in attendance at recreation camps.
(2) All rules and regulations adopted prior to July 1, 2021, under sections 81-15,271 to 81-15,277, as such sections existed prior to such date, shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148, and until amended or repealed by the department.
(3) All permits or other forms of approval issued prior to July 1, 2021, in accordance with sections 81-15,271 to 81-15,277, as such sections existed prior to such date, shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(4) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under sections 81-15,271 to 81-15,277, as such sections existed prior to such date, shall be subject to the provisions of such sections as they existed prior to July 1, 2021.
Source
Laws 1959, c. 328, § 5, p. 1194;
R.S.1943, (2018), § 71-3105;
Laws 2021, LB148, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,276 - Recreation camps; plans; submit to department.

81-15,276.
Recreation camps; plans; submit to department.
Properly prepared plans for all recreation camps which are hereafter constructed, reconstructed, or extensively altered shall be submitted to the department before such work is begun. Signed approval shall be obtained from the department.
Source
Laws 1959, c. 328, § 6, p. 1194;
R.S.1943, (2018), § 71-3106;
Laws 2021, LB148, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,277 - Recreation camps; violations; penalty.

81-15,277.
Recreation camps; violations; penalty.
Any person who shall violate any of the provisions of sections 81-15,271 to 81-15,277 or of the regulations or standards adopted and promulgated under such sections shall be guilty of a Class V misdemeanor.
Source
Laws 1959, c. 328, § 7, p. 1195;
Laws 1977, LB 39, § 170;
R.S.1943, (2018), § 71-3107;
Laws 2021, LB148, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,278 - Uniform Standard Code for Mobile Home Parks, how cited.

81-15,278.
Uniform Standard Code for Mobile Home Parks, how cited.
Sections 81-15,278 to 81-15,291 shall be known and may be cited as the Uniform Standard Code for Mobile Home Parks.
Source
Laws 1976, LB 91, § 14;
R.S.1943, (2018), § 71-4634;
Laws 2021, LB148, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,279 - Mobile home parks; terms, defined.

81-15,279.
Mobile home parks; terms, defined.
As used in the Uniform Standard Code for Mobile Home Parks, unless the context otherwise requires:
(1) Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit. Mobile home includes a manufactured home as defined in section 71-4603;
(2) Mobile home lot means a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants;
(3) Mobile home park means a parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. The term mobile home park shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, corporation, limited liability company, company, or other entity on its own premises and used exclusively to house its own labor force; and
(4) Person means any individual, firm, partnership, limited liability company, corporation, company, association, joint-stock company or association, political subdivision, governmental agency, or other legal entity, and includes any trustee, receiver, assignee, or other legal representative thereof.
Source
Laws 1976, LB 91, § 1;
Laws 1985, LB 313, § 24;
Laws 1993, LB 121, § 436;
Laws 1996, LB 1044, § 678;
Laws 2007, LB296, § 586;
R.S.1943, (2018), § 71-4621;
Laws 2021, LB148, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,280 - Mobile home parks; license required; term; existing licenses, forms of approval, rules, regulations, suits, other proceedings; how treated.

81-15,280.
Mobile home parks; license required; term; existing licenses, forms of approval, rules, regulations, suits, other proceedings; how treated.
(1) No person shall establish, conduct, operate, or maintain a mobile home park within this state without first obtaining an annual license therefor from the department. Such license shall be issued for the calendar year applied for and shall expire at midnight on December 31 of such year.
(2) All licenses, permits, or other forms of approval issued prior to July 1, 2021, in accordance with the Uniform Standard Code for Mobile Home Parks shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(3) All rules and regulations adopted prior to July 1, 2021, under the Uniform Standard Code for Mobile Home Parks shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148, and until amended or repealed by the department.
(4) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Uniform Standard Code for Mobile Home Parks shall be subject to the provisions of the code as they existed prior to July 1, 2021.
Source
Laws 1976, LB 91, § 2;
R.S.1943, (2018), § 71-4622;
Laws 2021, LB148, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,281 - Mobile home parks; license; application.

81-15,281.
Mobile home parks; license; application.
The application for such annual license to conduct, operate, and maintain a mobile home park shall be submitted in writing or by electronic format and shall include the full name and address of the applicant or applicants, the names and addresses of the partners if the applicant is a partnership, the names and addresses of the members if the applicant is a limited liability company, or the names and addresses of the officers if the applicant is a corporation, and the current or most recent occupation of the applicant at the time of the filing of the application, and such other pertinent data as the department may require by regulation.
Source
Laws 1976, LB 91, § 3;
Laws 1993, LB 121, § 437;
Laws 1997, LB 752, § 183;
Laws 2008, LB797, § 17;
R.S.1943, (2018), § 71-4623;
Laws 2021, LB148, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,282 - Mobile home parks; license; application; fees; disposition; inspection.

81-15,282.
Mobile home parks; license; application; fees; disposition; inspection.
(1) The application for the first or initial annual license shall be submitted with the requirements mentioned in section 81-15,281 accompanied by the appropriate fees. The department by regulation shall charge engineering firms, mobile home park owners and operators, and other appropriate parties fees established by regulation for the review of plans and specifications of a mobile home park, the issuance of a license or permit, the inspection of a mobile home park, and any other services rendered at a rate which defrays no more than the actual costs of the services provided. All fees shall be paid as a condition of annual renewal of licensure or of continuance of licensure.
(2) Fees collected by the department under this section for the review of plans and specifications shall be remitted to the State Treasurer for credit to the Engineering Plan Review Cash Fund. All other fees collected by the department under the Uniform Standard Code for Mobile Home Parks shall be remitted to the State Treasurer for credit to the Environmental Safety Cash Fund. Money credited to the fund pursuant to this section shall be used by the department for the purpose of administering the Uniform Standard Code for Mobile Home Parks.
(3) When any application is received, the department shall cause the mobile home park and appurtenances to be inspected by representatives of the department. When such inspection has been made and the department finds that all of the provisions of the Uniform Standard Code for Mobile Home Parks and the rules, regulations, and standards of the department have been met by the applicant, the department shall issue an annual license. Inspection by the department or its authorized representatives at any time of a mobile home park shall be a condition of continued licensure.
Source
Laws 1976, LB 91, § 4;
Laws 1983, LB 617, § 25;
Laws 1984, LB 916, § 63;
Laws 1986, LB 1047, § 6;
Laws 1991, LB 703, § 51;
Laws 1996, LB 1044, § 679;
Laws 2007, LB296, § 587;
R.S.1943, (2018), § 71-4624;
Laws 2021, LB148, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,283 - Mobile home parks; sanitary facilities; permit; exception; application; issuance.

81-15,283.
Mobile home parks; sanitary facilities; permit; exception; application; issuance.
No person shall construct, expand, remodel, or make alterations to the sanitary facilities in a mobile home park within this state without first obtaining a permit therefor from the department, except that no such permit shall be required in the making of minor repairs or in matters of general maintenance. The application for such permit shall be made to the department in such manner as may be prescribed by regulations of the department, which shall require the applicant to supply plans and specifications and otherwise provide a description of the nature, type, location, and extent of the sanitary facilities contemplated. When the application has been approved, the department shall issue a permit to the applicant to construct, expand, remodel, or make alterations to sanitary facilities, including water and sewage disposal, upon a mobile home park and the appurtenances thereto according to the plans and specifications and other data submitted with the approved application. No approval of plans and specifications and issuance of a permit to construct, expand, remodel, or make alterations upon a mobile home park and the appurtenances thereto by the department shall be made unless such park is in compliance with the Uniform Standard Code for Mobile Home Parks and the rules, regulations, and standards of the department. Such a permit does not relieve the applicant from obtaining building permits when located within a municipality or county having a building code or from complying with any other municipal or county resolution, ordinance, or regulation applicable thereto, and not in conflict with the Uniform Standard Code for Mobile Home Parks.
Source
Laws 1976, LB 91, § 5;
R.S.1943, (2018), § 71-4625;
Laws 2021, LB148, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,284 - Mobile home parks; sanitary facilities permit; denial; procedures; appeal.

81-15,284.
Mobile home parks; sanitary facilities permit; denial; procedures; appeal.
If the application for a permit to construct, expand, remodel, or make alterations upon a mobile home park and the appurtenances thereto, pursuant to section 81-15,283, is denied by the department, it shall so state in writing, giving the reasons for denying the application. If the objection can be corrected, the applicant may amend his or her application and resubmit it for approval. No such permit shall be denied except after due notice and opportunity for a hearing before the department pursuant to the Administrative Procedure Act. Any denial of such permit may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1976, LB 91, § 6;
Laws 1988, LB 352, § 135;
R.S.1943, (2018), § 71-4626;
Laws 2021, LB148, § 24.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,285 - Mobile home parks; permit or license approved; records.

81-15,285.
Mobile home parks; permit or license approved; records.
When the department has approved an application for a permit to construct, expand, remodel, or make alterations upon a mobile home park or appurtenances thereto, pursuant to section 81-15,283, or a license to establish, conduct, operate, or maintain a mobile home park, it shall retain the original and keep a file thereof. One copy shall be returned to the applicant or his or her agent.
Source
Laws 1976, LB 91, § 7;
R.S.1943, (2018), § 71-4627;
Laws 2021, LB148, § 25.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,286 - Mobile home parks; utility systems and sanitary conditions; standards.

81-15,286.
Mobile home parks; utility systems and sanitary conditions; standards.
The department shall adopt, promulgate, and enforce by rules and regulations standards governing utility systems and sanitary conditions for mobile home parks. The department shall not adopt or enforce by rules and regulations any design, construction, or land-use standards for any mobile home park.
Source
Laws 1976, LB 91, § 9;
Laws 1997, LB 622, § 108;
R.S.1943, (2018), § 71-4629;
Laws 2021, LB148, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,287 - Uniform Standard Code for Mobile Home Parks; applicability; certificate of exemption; procedure.

81-15,287.
Uniform Standard Code for Mobile Home Parks; applicability; certificate of exemption; procedure.
(1) The Uniform Standard Code for Mobile Home Parks shall not apply to any mobile home park located within the jurisdiction of any city, village, or county which provides for the regulation of mobile home parks by resolution, ordinance, or regulation which at a minimum is not less stringent than the then current standards and specifications, and all subsequent revisions and amendments thereto, approved, adopted, and promulgated by the department, as such standards and specifications apply to mobile home parks. No such resolution, ordinance, or regulation shall become effective until a certificate of exemption has been issued by the department. Such certificate of exemption shall be available for inspection in the office of the city or county clerk as the case may be.
(2) If the department shall determine at any time after the issuance of such a certificate of exemption that such a resolution, ordinance, or regulation is being enforced in a manner contrary to or inconsistent with the standards mentioned in subsection (1) of this section or is otherwise being improperly enforced in any city, village, or county holding a certificate of exemption, the department may revoke the certificate of exemption and the Uniform Standard Code for Mobile Home Parks shall apply in such city, village, or county until such standards are met and enforced and a new certificate is issued.
(3) Any city, village, or county desiring a certificate of exemption shall make application for such certificate by filing a petition for a certificate of exemption with the department. The department shall promptly investigate such petition. If the recommendation of the department is against the granting of a certificate of exemption and the applicant requests that a formal hearing be held, a formal hearing shall be held on the questions of whether (a) the resolution, ordinance, or regulation is at a minimum as stringent as the standards mentioned in subsection (1) of this section, (b) the resolution, ordinance, or regulation is being enforced in a manner contrary to or inconsistent with such standards or is otherwise being improperly enforced, and (c) adequate provisions have been made for enforcement. The burden of proof thereof shall be upon the applicant. A like formal hearing shall be held upon any proposed revocation of a certificate of exemption upon the request of the holder thereof. The procedure governing hearings authorized by this subsection shall be in accordance with the Administrative Procedure Act. The decision to deny or revoke a certificate of exemption may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1976, LB 91, § 10;
Laws 1988, LB 352, § 136;
R.S.1943, (2018), § 71-4630;
Laws 2021, LB148, § 27.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,288 - Mobile home parks; licenses; issuance; denial, refusal of renewal, suspension, or revocation; civil penalty; grounds; notice; hearing; appeal.

81-15,288.
Mobile home parks; licenses; issuance; denial, refusal of renewal, suspension, or revocation; civil penalty; grounds; notice; hearing; appeal.
(1) The department shall issue licenses for the establishment, operation, and maintenance of mobile home parks which are found to comply with the Uniform Standard Code for Mobile Home Parks and such rules, regulations, and standards as are lawfully adopted and promulgated by the department pursuant thereto.
(2) The department shall deny, refuse renewal of, suspend, or revoke licenses or impose a civil penalty not to exceed two thousand dollars per day on any of the following grounds:
(a) Violation of any of the provisions of the code or the rules, regulations, and standards lawfully adopted and promulgated pursuant thereto;
(b) Permitting, aiding, or abetting the commission of any unlawful act; or
(c) Conduct or utility or sanitation practices detrimental to the health or safety of residents of a mobile home park.
(3) Should the department determine to deny, refuse renewal of, suspend, or revoke a license or impose a civil penalty, it shall send to the applicant or licensee, by either certified or registered mail, a notice setting forth the specific reasons for the determination.
(4) The denial, refusal of renewal, suspension, revocation, or imposition of a civil penalty shall become final thirty days after the mailing of the notice in all cases of failure to pay the required licensure fee if not paid by the end of such period, and in all other instances unless the applicant or licensee, within such thirty-day period, shall give written notice of a desire for a hearing. Thereupon the applicant or licensee shall be given opportunity for a formal hearing before the department and shall have the right to present evidence on his or her own behalf.
(5) The procedure governing hearings authorized by this section shall be in accordance with the Administrative Procedure Act. On the basis of the evidence presented, the determination involved shall be affirmed or set aside, and a copy of such decision setting forth the findings of facts and the specific reasons upon which it is based shall be sent by either certified or registered mail to the applicant or licensee. The applicant or licensee may appeal such decision, and the appeal shall be in accordance with the Administrative Procedure Act.
(6) The department shall remit any collected civil penalty to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1976, LB 91, § 11;
Laws 1988, LB 352, § 137;
Laws 2008, LB797, § 18;
R.S.1943, (2018), § 71-4631;
Laws 2021, LB148, § 28.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,289 - Mobile home parks; violations; nuisance; penalty; removal.

81-15,289.
Mobile home parks; violations; nuisance; penalty; removal.
Any person who establishes, conducts, operates, or maintains a mobile home park without first obtaining a license therefor from the department as provided in the Uniform Standard Code for Mobile Home Parks shall be guilty of a Class IV misdemeanor, and each day such mobile home park shall operate without a license after a first conviction shall be considered a separate offense. Such person shall also be guilty of maintaining a nuisance pursuant to section 28-1321, and upon conviction thereof, in addition to payment of the fine, such nuisance shall be removed.
Source
Laws 1976, LB 91, § 12;
Laws 1977, LB 41, § 61;
Laws 1978, LB 748, § 38;
R.S.1943, (2018), § 71-4632;
Laws 2021, LB148, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,290 - Mobile home parks; operation without license; action by department; burden of proof.

81-15,290.
Mobile home parks; operation without license; action by department; burden of proof.
The department may, in accordance with the laws governing injunctions and other process, maintain an action in the name of the state against any person for establishing, conducting, operating, or maintaining any mobile home park without first having a license therefor from the department as provided in the Uniform Standard Code for Mobile Home Parks. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, operate, or maintain a mobile home park without having a license to do so without averring any further or more particular facts concerning the same.
Source
Laws 1976, LB 91, § 13;
R.S.1943, (2018), § 71-4633;
Laws 2021, LB148, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,291 - Mobile home parks; fire safety inspection; fee.

81-15,291.
Mobile home parks; fire safety inspection; fee.
The department may request the State Fire Marshal to inspect for fire safety any mobile home park for which a license or renewal of a license is sought, pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 and payable by the licensee or applicant for a license. The authority to make such investigations may be delegated to qualified local fire prevention personnel pursuant to section 81-502.
Source
Laws 1983, LB 498, § 4;
Laws 1996, LB 1044, § 680;
Laws 2007, LB296, § 588;
R.S.1943, (2018), § 71-4635;
Laws 2021, LB148, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,292 - Private water supply; private sewage disposal facilities; inspection; fees; existing rules and regulations; how treated.

81-15,292.
Private water supply; private sewage disposal facilities; inspection; fees; existing rules and regulations; how treated.
(1) The department shall collect a fee of not less than sixty nor more than one hundred dollars, as determined by regulation, for each inspection of private water supply or private sewage disposal facilities requested of and made by the department in order for the person requesting the inspection to qualify for any type of commercial loan, guarantee, or other type of payment or benefit from any commercial agency or enterprise to the person applying for or receiving the same or to meet the requirements of any federal governmental agency, including, but not limited to, the Rural Development Agency of the United States Department of Agriculture, the Federal Housing Administration, and the United States Department of Veterans Affairs, that such an inspection be conducted as a condition of applying for or receiving any type of grant, loan, guarantee, or other type of payment or benefit from such agency to the person applying for or receiving the same. All fees collected under this subsection shall be remitted to the State Treasurer for credit to the Environmental Safety Cash Fund.
(2) The Director of Environment and Energy shall adopt and promulgate rules and regulations determining the fee required pursuant to this section.
(3) All rules and regulations adopted and promulgated prior to July 1, 2021, under this section shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148, until amended or repealed by the department.
Source
Laws 1973, LB 583, § 5;
Laws 1978, LB 814, § 1;
Laws 1983, LB 617, § 22;
Laws 1991, LB 2, § 13;
Laws 1996, LB 1044, § 639;
Laws 2007, LB296, § 555;
R.S.1943, (2018), § 71-2622;
Laws 2021, LB148, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,293 - Employees of Department of Health and Human Services; transfer to Department of Environment and Energy; how treated.

81-15,293.
Employees of Department of Health and Human Services; transfer to Department of Environment and Energy; how treated.
On and after July 1, 2021, positions of employment in the Department of Health and Human Services related to the powers, duties, and functions transferred to the Department of Environment and Energy pursuant to Laws 2021, LB148, are transferred to the Department of Environment and Energy. For purposes of the transition, employees of the Department of Health and Human Services shall be considered employees of the Department of Environment and Energy and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the Department of Environment and Energy or the Director of Environment and Energy from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2021, LB148, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,294 - Appropriation and salary limit; financial obligations; how treated.

81-15,294.
Appropriation and salary limit; financial obligations; how treated.
Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Seventh Legislature, First Session, to Agency No. 25, Department of Health and Human Services, regarding the powers, duties, and functions transferred to the Department of Environment and Energy by Laws 2021, LB148, shall be reduced, and any such amounts are hereby appropriated to Program No. 513, Administration, in Agency No. 84, Department of Environment and Energy. Any financial obligations of the Department of Health and Human Services regarding the powers, duties, and functions transferred to the Department of Environment and Energy that remain unpaid as of June 30, 2021, and that are subsequently certified as valid encumbrances to the accounting division of the Department of Administrative Services pursuant to sections 81-138.01 to 81-138.04, shall be paid by the Department of Environment and Energy from the unexpended balance of appropriations existing in such program classification on June 30, 2021.
Source
Laws 2021, LB148, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,295 - References to Department of Health and Human Services in contracts and other documents; how construed; contracts and property; how treated.

81-15,295.
References to Department of Health and Human Services in contracts and other documents; how construed; contracts and property; how treated.
On and after July 1, 2021, whenever the Department of Health and Human Services is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Department of Environment and Energy, such reference or designation shall apply to the Department of Environment and Energy. All contracts entered into by the Department of Health and Human Services prior to July 1, 2021, in connection with the duties and functions transferred to the Department of Environment and Energy are hereby recognized, with the Department of Environment and Energy succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to such department for the payments of such obligations. All documents and records transferred, or copies of the same, may be authenticated or certified by such department for all legal purposes.
Source
Laws 2021, LB148, § 35.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,296 - Actions and proceedings; how treated.

81-15,296.
Actions and proceedings; how treated.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2021, or which could have been commenced prior to that date, by or against the Department of Health and Human Services, or the director or any employee thereof in such director's or employee's official capacity or in relation to the discharge of such person's official duties, shall abate by reason of the transfer of duties and functions from the Department of Health and Human Services to the Department of Environment and Energy.
Source
Laws 2021, LB148, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,297 - Provisions of law; how construed.

81-15,297.
Provisions of law; how construed.
On and after July 1, 2021, unless otherwise specified, whenever any provision of law refers to the Department of Health and Human Services in connection with duties and functions transferred to the Department of Environment and Energy, such law shall be construed as referring to the Department of Environment and Energy.
Source
Laws 2021, LB148, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,298 - Property of Department of Health and Human Services; transfer to Department of Environment and Energy.

81-15,298.
Property of Department of Health and Human Services; transfer to Department of Environment and Energy.
On July 1, 2021, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Health and Human Services pertaining to the duties and functions transferred to the Department of Environment and Energy pursuant to Laws 2021, LB148, shall become the property of such department.
Source
Laws 2021, LB148, § 38.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,299 - Environmental Safety Cash Fund; created; use; investment.

81-15,299.
Environmental Safety Cash Fund; created; use; investment.
There is hereby created the Environmental Safety Cash Fund which shall be used to pay the expenses of the Department of Environment and Energy related to issuance and renewal of licenses and permits and annual inspections, including sections 81-15,268, 81-15,272, 81-15,282, and 81-15,292. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The State Treasurer shall transfer any money in the Health and Human Services Cash Fund pursuant to sections 81-15,268, 81-15,272, 81-15,282, and 81-15,292, as such sections existed prior to July 1, 2021, to the Environmental Safety Cash Fund on July 1, 2021.
Source
Laws 2021, LB148, § 83.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,300 - Engineering Plan Review Cash Fund; created; use; investment.

81-15,300.
Engineering Plan Review Cash Fund; created; use; investment.
There is hereby created the Engineering Plan Review Cash Fund which shall be used to pay the expenses of the Department of Environment and Energy related to engineering reviews of plans and specifications, including those under subsection (3) of section 81-15,268 and subsection (2) of section 81-15,282. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The State Treasurer shall transfer any money in the Health and Human Services Cash Fund pursuant to subsection (3) of section 81-15,268 and subsection (2) of section 81-15,282, as such sections existed prior to July 1, 2021, to the Engineering Plan Review Cash Fund on July 1, 2021.
Source
Laws 2021, LB148, § 84.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,302 - Terms, defined.

81-15,302.
Terms, defined.
For purposes of the Nebraska Environmental Response Act:
(1) Cleanup means all actions necessary to contain, collect, secure, control, identify, prevent, mitigate, analyze, treat, disperse, remove, or dispose of a pollutant necessary to restore the environment to the extent practicable and to minimize the harmful effects from the release in conformance with applicable federal and state environmental standards and substantive requirements;
(2) Cleanup costs means all costs incurred by the state, a political subdivision of the state, an agent of the state, or any other person participating, with the approval of the department, in the prevention, mitigation, or cleanup of a release of a pollutant, including a proportionate share of those costs necessary to maintain the services authorized in the act. Costs include oversight of the cleanup, staff time, and materials and supplies used to secure and mitigate the release of pollutants;
(3) Department means the Department of Environment and Energy;
(4) Director means the Director of Environment and Energy;
(5) Environmental lien means a lien for cleanup costs;
(6) Person has the same meaning as provided in section 81-1502;
(7) Pollutant means one or more substances or combinations of substances that alter the natural physical, chemical, or biological properties of any air, land, or waters of the state in such quantities that are harmful, detrimental, or injurious to plant or animal life, property, or the public health, safety, or welfare;
(8) Release means any emission, discharge, spill, leak, pumping, pouring, escaping, emptying, or dumping of a pollutant into or onto the air, land, or waters of the state, except when performed in compliance with the conditions of a federal or state environmental permit; and
(9) Waters of the state has the same meaning as provided in section 81-1502.
Source
Laws 2022, LB1102, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,303 - Nebraska Environmental Response Cash Fund; created; use; investment.

81-15,303.
Nebraska Environmental Response Cash Fund; created; use; investment.
The Nebraska Environmental Response Cash Fund is created. The fund shall consist of transfers authorized by the Legislature, grants, contributions designated for the purpose of the fund, and money recovered under the Nebraska Environmental Response Act. The fund shall be administered by the department and used for control, abatement, analysis, cleanup, prevention, mitigation, investigation, and other reasonable costs incurred when responding to a release. All other costs of the department necessary to carry out the Nebraska Environmental Response Act shall be paid from the fund. The fund shall not be used to pay for the costs of releases for which costs are paid under the Petroleum Release Remedial Action Act. On or before June 30, 2023, the State Treasurer shall transfer three hundred thousand dollars from the General Fund to the Nebraska Environmental Response Cash Fund on such date as directed by the budget administrator of the budget division of the Department of Administrative Services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2022, LB1102, § 3.
Cross References
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.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,304 - Director; powers.

81-15,304.
Director; powers.
For purposes of cleanup under the Nebraska Environmental Response Act, the director may:
(1) Issue orders requiring a person responsible for a release to clean up the release;
(2) Take necessary action to clean up or terminate the release of a pollutant if a person responsible for a release fails or refuses to take reasonable actions required by the director;
(3) Take those actions necessary to clean up a release if a person responsible for a release cannot be identified or contacted within a reasonable amount of time;
(4) Issue orders requiring a person responsible for a release to take such corrective actions as may be reasonably required to prevent a recurrence of a release;
(5) Take necessary action, including issuing orders for corrective action or cleanup of any release of a pollutant;
(6) Issue orders to a responsible person to pay cleanup costs assessed with documentation due thirty days after receipt of the director's order unless the payment period is extended by the director for good cause shown; and
(7) Assess an administrative penalty under section 81-15,310.
Source
Laws 2022, LB1102, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,306 - Authorized representative; access to property; obstruction; prohibited.

81-15,306.
Authorized representative; access to property; obstruction; prohibited.
No person shall refuse entry to, or access by, an authorized representative of the department to property for the purpose of responding to a release of a pollutant or cleanup of a release if such authorized representative presents appropriate credentials. No person shall hamper or obstruct an authorized representative of the department that is responding, or taking action, to clean up a release of a pollutant.
Source
Laws 2022, LB1102, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,307 - Release of pollutant; cleanup; responsibility; liability; administrative penalty; director; powers and duties.

81-15,307.
Release of pollutant; cleanup; responsibility; liability; administrative penalty; director; powers and duties.
(1) Whenever a pollutant is released, a person responsible for the release shall be responsible for the cleanup of the release.
(2) If the state responds to a release, a person responsible for the release shall be liable to the state for the reasonable cleanup costs incurred by the state.
(3) Prompt and good faith notification to the director by a person responsible for a release that such person does not have the resources or managerial capability to begin or continue cleanup activities, or make a good faith effort to clean up, does not relieve a person of liability for the cleanup costs.
(4) In determining whether to assess an administrative penalty, the director may consider any good faith efforts made by a responsible person to clean up a release or to pay cleanup costs in a timely manner.
(5) The director shall keep a record of all expenses incurred in carrying out any project or activity authorized by the Nebraska Environmental Response Act.
(6) If a responsible person fails to pay an assessment or administrative penalty ordered pursuant to section 81-15,304 or 81-15,310, the amount owed shall be recoverable in an action brought by the Attorney General in the district court of Lancaster County. An action for recovery of the amount owed may be commenced at any time after the amount owed has been incurred or becomes due, but no later than six years after completion of a cleanup. An action to enforce any other order of the director under section 81-15,304 or 81-15,310 may be commenced at any time.
(7) A person otherwise liable under the provisions of the Nebraska Environmental Response Act is not liable if the release occurred solely as the result of an act of God, an act of war, or an act of an independent third party not affiliated with or controlled by a person otherwise liable. For purposes of the Nebraska Environmental Response Act, no employee, agent, or independent contractor employed by a person otherwise liable shall be considered a third party. If multiple persons are liable under the act, liability shall be joint and several.
Source
Laws 2022, LB1102, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,308 - Voluntary remediation.

81-15,308.
Voluntary remediation.
In lieu of issuing an order under section 81-15,304, the director may allow the responsible person or any other person to voluntarily remediate site conditions under the Remedial Action Plan Monitoring Act. A person that voluntarily chooses to apply under section 81-15,184 must meet all requirements of such section. Based on the nature of the release, the director may require such person to pay for a contractor to oversee remedial work hired or approved by the department.
Source
Laws 2022, LB1102, § 8.
Cross References
Remedial Action Plan Monitoring Act, see section 81-15,181.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,309 - Cleanup costs; environmental lien.

81-15,309.
Cleanup costs; environmental lien.
(1) All cleanup costs for which a person is liable to the state under section 81-15,307 shall constitute a lien in favor of the state upon any real property that is owned by such person and subject to or affected by the cleanup.
(2) An environmental lien attaches when:
(a) Cleanup costs are first incurred by the state;
(b) Such person is provided written notice by certified or registered mail of potential liability; and
(c) A lien notice is filed in compliance with this section.
(3) An environmental lien notice shall state:
(a) The name of the record owner of the real property to which the environmental lien is attached;
(b) The legal description of the real property to which the environmental lien is attached;
(c) If the real property against which the lien is attached is not the property where the cleanup occurred, the legal description of the property where the cleanup occurred;
(d) An itemized statement detailing the cleanup costs incurred by the state; and
(e) A statement that an environmental lien has attached to the described real property.
(4) The environmental lien notice shall be filed with the register of deeds in each county in Nebraska where the responsible person owns or holds an interest in real property.
(5) An environmental lien is subject to the rights of any other person whose interest is perfected before an environmental lien notice has been filed.
(6) A person shall be relieved from an environmental lien when liability for cleanup costs is satisfied.
Source
Laws 2022, LB1102, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,310 - Violations; enforcement; procedure; appeal.

81-15,310.
Violations; enforcement; procedure; appeal.
Whenever the director has reason to believe that a violation has occurred of any provision of the Nebraska Environmental Response Act, an order issued under the act, or any rule or regulation adopted and promulgated under the act, the director may cause an administrative order to be served upon the violator. Such order shall specify the violation and the facts alleged to constitute a violation and may assess an administrative penalty to be paid within thirty days or as otherwise stated in the order. The order shall set forth the circumstances and factors considered in assessing the administrative penalty which may include the severity of the violation, good faith efforts of the violator, and any other factors deemed relevant by the director. Administrative penalties assessed under this section shall not exceed five thousand dollars per day per violation. Each day a violation continues shall constitute a separate violation. An order under this section imposing an administrative penalty may be appealed to the director. The appeal shall be in the manner provided in the Administrative Procedure Act. Any administrative penalty paid pursuant to the Nebraska Environmental Response Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. An action may be brought in the district court of Lancaster County to collect any unpaid administrative penalty and costs incurred directly in the collection of the penalty plus any statutory interest rate applicable to judgments, which shall run from the date the administrative penalty accrued.
Source
Laws 2022, LB1102, § 10.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-15,311 - Act, how construed.

81-15,311.
Act, how construed.
Nothing in the Nebraska Environmental Response Act precludes the director or department from taking any other action allowed by law, including seeking enforcement for injunctive relief or seeking civil or criminal penalties for any violation that may have occurred.
Source
Laws 2022, LB1102, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-1606 - Department of Environment and Energy; energy statistics and information; develop and maintain; report.

81-1606.
Department of Environment and Energy; energy statistics and information; develop and maintain; report.
The Department of Environment and Energy shall develop and maintain a program of collection, compilation, and analysis of energy statistics and information. Existing information reporting requests, maintained at the state and federal levels, shall be utilized whenever possible in any data collection required regarding state energy policy pursuant to this section, subdivisions (35) through (58) of section 81-1504, or section 81-1604 or 81-1607. A central state repository of energy data shall be developed and coordinated with other governmental data-collection and record-keeping programs. The department shall, on at least an annual basis, with monthly compilations, submit to the Governor and the Clerk of the Legislature a report identifying state energy consumption by fuel type and by use to the extent that such information is available. The report submitted to the Clerk of the Legislature shall be submitted electronically. Nothing in this section shall be construed as permitting or authorizing the revealing of confidential information. For purposes of this section confidential information shall mean any process, formula, pattern, decision, or compilation of information which is used, directly or indirectly, in the business of the producer, refiner, distributor, transporter, or vendor, and which gives such producer, refiner, distributor, transporter, or vendor an advantage or an opportunity to obtain an advantage over competitors who do not know or use it.
Source
Laws 1980, LB 954, § 57;
Laws 1983, LB 124, § 9;
Laws 2012, LB782, § 205;
Laws 2015, LB469, § 13;
Laws 2019, LB302, § 155.