reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5302 - Drinking water and monitoring standards; harmful materials; how determined; applicability; priority system.

71-5302.
Drinking water and monitoring standards; harmful materials; how determined; applicability; priority system.
(1) The director shall adopt and promulgate necessary minimum drinking water standards, in the form of rules and regulations, to insure that drinking water supplied to consumers through all public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological material determined by the director to be harmful to human health.
(2) The director may adopt and promulgate rules and regulations to require the monitoring of drinking water supplied to consumers through public water systems for chemical, radiological, physical, or bacteriological material determined by the director to be potentially harmful to human health.
(3) In determining what materials are harmful or potentially harmful to human health and in setting maximum levels for such harmful materials, the director shall be guided by:
(a) General knowledge of the medical profession and related scientific fields as to materials and substances which are harmful to humans if ingested through drinking water; and
(b) General knowledge of the medical profession and related scientific fields as to the maximum amounts of such harmful materials which may be ingested by human beings, over varying lengths of time, without resultant adverse effects on health.
(4) Subject to section 71-5310, state drinking water standards shall apply to each public water system in the state, except that such standards shall not apply to a public water system:
(a) Which consists only of distribution and storage facilities and does not have any collection and treatment facilities;
(b) Which obtains all of its water from, but is not owned or operated by, a public water system to which such standards apply;
(c) Which does not sell water to any person; and
(d) Which is not a carrier which conveys passengers in interstate commerce.
(5) The director may adopt alternative monitoring requirements for public water systems in accordance with section 1418 of the federal Safe Drinking Water Act.
(6) The director may adopt a system for the ranking of safe drinking water projects with known needs or for which loan applications have been received by the director. In establishing the ranking system the director shall consider, among other things, the risk to human health, compliance with the federal Safe Drinking Water Act, and assistance to systems most in need based upon affordability criteria adopted by the director. This priority system shall be reviewed annually by the director.
Source
Laws 1976, LB 821, § 2;
Laws 1988, LB 383, § 3;
Laws 1997, LB 517, § 18;
Laws 2001, LB 667, § 30;
Laws 2007, LB296, § 609;
Laws 2019, LB302, § 90;
Laws 2021, LB148, § 74.
Cross References
Drinking water, standards for pesticide levels, see section 2-2626.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5303 - Public water system; permit; director; powers; hearing; appeal.

71-5303.
Public water system; permit; director; powers; hearing; appeal.
(1) No person shall operate or maintain a public water system without first obtaining a permit to operate such system from the director. No fee shall be charged for the issuance of such permit.
(2) The director shall inspect public water systems and report findings to the owner, publish a list of those systems not in compliance, and promote the training of operators. The director may deny or revoke a permit, issue administrative orders scheduling action to be taken, take emergency action as provided in section 71-5304.01, and seek a temporary or permanent injunction or such other legal process as is deemed necessary to obtain compliance with the Nebraska Safe Drinking Water Act.
(3) A permit may be denied or revoked for noncompliance with the act, the rules and regulations adopted and promulgated under the act, or the terms of a variance or exemption issued pursuant to section 71-5310.
(4) Any person shall be granted, upon request, an opportunity for a hearing before the department under the Administrative Procedure Act prior to the denial or revocation of a permit. The denial or revocation may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1976, LB 821, § 3;
Laws 1988, LB 383, § 4;
Laws 1988, LB 352, § 139;
Laws 1996, LB 1044, § 713;
Laws 2000, LB 1115, § 77;
Laws 2001, LB 667, § 31;
Laws 2003, LB 31, § 4;
Laws 2007, LB296, § 610;
Laws 2007, LB463, § 1224.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5304 - Rules and regulations; construction and operation of system; objectives.

71-5304.
Rules and regulations; construction and operation of system; objectives.
(1) The director shall adopt and promulgate, as necessary, minimum rules and regulations governing the siting, design, construction, alteration, classification, and operation of public water systems to insure that such public water systems shall not contain amounts of chemical, radiological, physical, or bacteriological materials which are determined by the director, pursuant to section 71-5302, to be harmful to the physical health of human beings. In adopting such rules and regulations, the director shall attempt to meet the following objectives:
(a) Insure that facilities are physically separated, to the greatest extent possible, from water or land areas which contain high levels of materials which are harmful to humans;
(b) Insure that such facilities, and all parts thereof, are physically sealed so that leakage of harmful materials into the public water system itself from sources outside the system shall not occur;
(c) Insure that all materials which are used in the construction of a system shall not place harmful materials into the public water system;
(d) Insure that all chemicals or other substances used to treat and purify water are free from harmful materials; and
(e) Insure, to the greatest extent possible, that such rules and regulations will allow uninterrupted and efficient operation of public water systems.
(2) The rules and regulations may contain differences and distinctions based on one or more of the following: Physical size of the facilities, number of persons served, system classification, source of water, treatment technique and purpose, and distribution complexity, so long as the objectives of this section are met.
Source
Laws 1976, LB 821, § 4;
Laws 2001, LB 667, § 32;
Laws 2003, LB 31, § 5;
Laws 2021, LB148, § 75.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5304.02 - Public water system; notice; requirements.

71-5304.02.
Public water system; notice; requirements.
(1) The director may require a public water system to give notice to the persons served by the system and to the department whenever the system:
(a) Is not in compliance with an applicable maximum contaminant level or treatment technique requirement of or a testing procedure prescribed by rules and regulations adopted and promulgated under the Nebraska Safe Drinking Water Act;
(b) Fails to perform monitoring, testing, analyzing, or sampling as required;
(c) Is subject to a variance or exemption; or
(d) Is not in compliance with the requirements prescribed by a variance or exemption.
(2) The director may require a public water system to give notice to the persons served by the public water system of potential sources of contamination as identified by the director under subsection (2) of section 71-5302, of possible health effects of such contamination, and of possible mitigation measures.
(3) The director shall by rule and regulation prescribe the form and manner for giving such notice.
Source
Laws 1988, LB 383, § 6;
Laws 1996, LB 1044, § 715;
Laws 2001, LB 667, § 34;
Laws 2007, LB296, § 612.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5305 - Public water system; construction, extension, or alteration; written authorization required; exception; procedure.

71-5305.
Public water system; construction, extension, or alteration; written authorization required; exception; procedure.
(1) No major construction, extension, or alteration of a public water system shall be commenced without written authorization from the director. No such authorization shall be needed in the case of minor repairs and matters of maintenance. No such authorization shall be granted unless plans and specifications, prepared by a professional engineer, and any additional information required by the department have been submitted to the department or its designated agent for review.
(2) Upon a finding that there has been compliance with the minimum sanitary requirements adopted pursuant to section 71-5304, authorization to proceed with construction shall be granted by the director or his or her designated agent. In issuing authorization for the development of new public water supply sources, consideration shall be given to the location and effects of other water supply systems and the location of points of discharge or disposal for solid and liquid wastes.
Source
Laws 1976, LB 821, § 5;
Laws 1997, LB 622, § 109;
Laws 2001, LB 667, § 35.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5305.01 - Certain new water systems; technical, managerial, and financial capacity.

71-5305.01.
Certain new water systems; technical, managerial, and financial capacity.
All new community water systems and new nontransient noncommunity water systems commencing operation after October 1, 1999, shall demonstrate technical, managerial, and financial capacity to operate under the Nebraska Safe Drinking Water Act.
The director may adopt and promulgate rules and regulations to determine demonstration requirements for technical, managerial, and financial capacity of community water systems and nontransient noncommunity water systems.
Source
Laws 1997, LB 517, § 20;
Laws 2007, LB296, § 613.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5305.02 - Capacity development strategy; department; solicit public comment.

71-5305.02.
Capacity development strategy; department; solicit public comment.
The department shall develop a capacity development strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity pursuant to section 71-5305.01. The department shall consider and solicit public comment on:
(1) The methods or criteria the department will use to identify and prioritize the public water systems most in need of improving technical, managerial, and financial capacity;
(2) A description of the institutional, regulatory, financial, tax, or legal factors at the federal, state, or local level that encourage or impair capacity development;
(3) A description of how the department will:
(a) Assist public water systems in complying with the Nebraska Safe Drinking Water Act;
(b) Encourage the development of partnerships between public water systems to enhance the technical, managerial, and financial capacity of the systems; and
(c) Assist public water systems in the training and licensure of operators; and
(4) A description of how the department will establish a baseline and measure improvements in capacity with respect to the act.
Source
Laws 1997, LB 517, § 21;
Laws 2001, LB 667, § 36;
Laws 2007, LB296, § 614;
Laws 2007, LB463, § 1225.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5306 - Director; powers and duties; Safe Drinking Water Act Cash Fund; created; use; investment.

71-5306.
Director; powers and duties; Safe Drinking Water Act Cash Fund; created; use; investment.
(1) To carry out the provisions and purposes of the Nebraska Safe Drinking Water Act, the director may:
(a) Enter into agreements, contracts, or cooperative arrangements, under such terms as are deemed appropriate, with other state, federal, or interstate agencies or with municipalities, educational institutions, local health departments, or other organizations, entities, or individuals;
(b) Require all laboratory analyses to be performed at the Department of Health and Human Services, Division of Public Health, Environmental Laboratory, or at any other certified laboratory which has entered into an agreement for such services with the Department of Health and Human Services pursuant to section 71-2618;
(c) Receive financial and technical assistance from an agency of the federal government or from any other public or private agency;
(d) Enter the premises of a public water system at any time for the purpose of conducting monitoring, making inspections, or collecting water samples for analysis;
(e) Delegate those responsibilities and duties as deemed appropriate for the purpose of administering the requirements of the Nebraska Safe Drinking Water Act, including entering into agreements with designated agents which shall perform specifically delegated responsibilities and possess specifically delegated powers;
(f) Require the owner and operator of a public water system to establish and maintain records, make reports, and provide information as the department may reasonably require by regulation to enable it to determine whether such owner or operator has acted or is acting in compliance with the Nebraska Safe Drinking Water Act and rules and regulations adopted pursuant thereto. The department or its designated agent shall have access at all times to such records and reports; and
(g) Assess by regulation a fee for any review of plans and specifications pertaining to a public water system governed by section 71-5305 in order to defray no more than the actual cost of the services provided.
(2) All fees collected by the department pursuant to this section shall be remitted to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund, which is hereby created. Such fund shall be used by the department for the purpose of administering the Nebraska Safe Drinking Water Act. 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 1976, LB 821, § 6;
Laws 1986, LB 1047, § 7;
Laws 1996, LB 1044, § 716;
Laws 2000, LB 1115, § 78;
Laws 2001, LB 667, § 37;
Laws 2003, LB 242, § 130;
Laws 2007, LB296, § 615;
Laws 2008, LB928, § 30;
Laws 2016, LB19, § 1;
Laws 2021, LB148, § 76.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5307 - Operator of public water system; license required.

71-5307.
Operator of public water system; license required.
No public water system shall be issued or otherwise hold a permit to operate a public water system, granted by the department, unless its operator possesses a license issued by the department.
Source
Laws 1976, LB 821, § 7;
Laws 2001, LB 667, § 38;
Laws 2007, LB463, § 1226.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5308 - License; application; fees; renewal.

71-5308.
License; application; fees; renewal.
(1) An applicant shall submit an application and the applicable fees for a license to act as a licensed operator of a public water system to the department.
(2) The director shall adopt and promulgate rules and regulations to establish and collect fees to cover all reasonable and necessary costs of licensing activities, including a reasonable reserve. If an application for a license is denied or withdrawn, the department may retain a portion of the fee to cover the costs of the application process. The fees shall be waived for initial licenses for low-income individuals, military families, and young workers as those terms are defined in the Uniform Credentialing Act.
(3) The director shall remit fees collected under the Nebraska Safe Drinking Water Act to the State Treasurer for credit to the Safe Drinking Water Act Cash Fund.
(4) A license shall expire on December 31 of odd-numbered years. The director may renew a license upon application by the licensee, payment of the applicable fees, and a determination by the director that the licensee has complied with the act and the rules and regulations adopted and promulgated under the act.
Source
Laws 1976, LB 821, § 8;
Laws 1997, LB 752, § 190;
Laws 2001, LB 667, § 39;
Laws 2002, LB 1021, § 90;
Laws 2003, LB 242, § 131;
Laws 2007, LB463, § 1227;
Laws 2021, LB148, § 77.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5310 - Director; authorize variances or exemptions to standards; procedure.

71-5310.
Director; authorize variances or exemptions to standards; procedure.
(1) The director, with the approval of the council, may authorize variances or exemptions from the drinking water standards issued pursuant to section 71-5302 under conditions and in such manner as they deem necessary and desirable. Such variances or exemptions shall be permitted under conditions and in a manner which are not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act.
(2) Prior to granting a variance or an exemption, the director shall provide notice, in a newspaper of general circulation serving the area served by the public water system, of the proposed exemption or variance and that interested persons may request a public hearing on the proposed exemption or variance. The director may require the system to provide other appropriate notice necessary to provide adequate notice to persons served by the system.
(3) If a public hearing is requested, the director shall set a time and place for the hearing and such hearing shall be held before the department prior to the variance or exemption being issued. Frivolous and insubstantial requests for a hearing may be denied by the director. An exemption or variance shall be conditioned on monitoring, testing, analyzing, or other requirements to insure the protection of the public health. A variance or an exemption granted shall include a schedule of compliance under which the public water system is required to meet each contaminant level or treatment technique requirement for which a variance or an exemption is granted within a reasonable time as specified by the director with the approval of the council.
Source
Laws 1976, LB 821, § 10;
Laws 1988, LB 383, § 8;
Laws 1996, LB 1044, § 717;
Laws 2001, LB 667, § 41;
Laws 2002, LB 1062, § 54;
Laws 2007, LB296, § 616;
Laws 2021, LB148, § 79.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5310.01 - Notice, order, or other instrument; service.

71-5310.01.
Notice, order, or other instrument; service.
Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the director under the Nebraska Safe Drinking Water Act may be served on any person affected by such notice, order, or other instrument, personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the department, or such service may be made by mailing a copy of the notice, order, or other instrument by certified or registered mail directed to the person affected at his or her last-known post office address as shown by the files or records of the department, and proof of service may be made by the affidavit of the person who did the mailing and filed in the office of the department.
Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts stated in such certificate or affidavit, and a certified copy shall have like force and effect.
Source
Laws 1988, LB 383, § 9;
Laws 1996, LB 1044, § 718;
Laws 2007, LB296, § 617.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5311 - Advisory Council on Public Water Supply; established; duties; members; qualifications; terms; vacancy; meetings; officers; quorum; expenses.

71-5311.
Advisory Council on Public Water Supply; established; duties; members; qualifications; terms; vacancy; meetings; officers; quorum; expenses.
(1) There is hereby established the Advisory Council on Public Water Supply which shall advise and assist the department in administering the Nebraska Safe Drinking Water Act.
(2) The council shall be composed of seven members appointed by the Governor, (a) one of whom shall be a professional engineer, (b) one of whom shall be a licensed physician, (c) two of whom shall be consumers of a public water system, (d) two of whom shall be operators of a public water system who possess a license issued by the department to operate a public water system. One such operator shall represent a system serving a population of five thousand or less, and one such operator shall represent a system serving a population of more than five thousand, and (e) one of whom shall be, at the time of appointment, (i) an individual who owns a public water system, (ii) a member of the governing board of a public or private corporation which owns a public water system, or (iii) in the case of a political subdivision which owns a public water system, a member of the subdivision's governing board or board of public works or similar board which oversees the operation of a public water system.
(3) All members shall be appointed for three-year terms. No member shall serve more than three consecutive three-year terms. Each member shall hold office until the expiration of his or her term or until a successor has been appointed. Any vacancy occurring in council membership, other than by expiration of term, shall be filled within sixty days by the Governor by appointment from the appropriate category for the unexpired term.
(4) The council shall meet not less than once each year. Special meetings of the council may be called by the director or upon the written request of any two members of the council explaining the reason for such meeting. The place of the meeting shall be set by the director. Such officers as the council deems necessary shall be elected every three years beginning with the first meeting in the year 1990. A majority of the members of the council shall constitute a quorum for the transaction of business. Representatives of the department shall attend each meeting. Every act of the majority of the members of the council shall be deemed to be the act of the council.
(5) No member of the council shall receive any compensation, but each member shall be entitled, while serving on the business of the council, to receive his or her travel and other necessary expenses while so serving away from his or her place of residence as provided in sections 81-1174 to 81-1177.
Source
Laws 1976, LB 821, § 11;
Laws 1989, LB 344, § 32;
Laws 1996, LB 1044, § 719;
Laws 1997, LB 622, § 110;
Laws 2001, LB 667, § 42;
Laws 2007, LB296, § 618;
Laws 2007, LB463, § 1229.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5311.01 - Compliance not dependent on funding.

71-5311.01.
Compliance not dependent on funding.
The failure or inability of any public water system to receive funds under the Drinking Water State Revolving Fund Act or any other loan or grant program or any delay in obtaining the funds shall not alter the obligation of the system to comply in a timely manner with the Nebraska Safe Drinking Water Act and rules and regulations adopted and promulgated under the act.
Source
Laws 1997, LB 517, § 22;
Laws 2001, LB 667, § 43.
Cross References
Drinking Water State Revolving Fund Act, see section 71-5314.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5311.02 - Voluntary compliance.

71-5311.02.
Voluntary compliance.
The director shall make every effort to obtain voluntary compliance through warning, conference, or any other appropriate means prior to initiating enforcement proceedings, except that such requirement shall not be construed to alter enforcement duties or requirements of the director and the department.
Source
Laws 1997, LB 517, § 23;
Laws 2007, LB296, § 619.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5312 - Violations; penalty; county attorney or Attorney General; action to assure compliance.

71-5312.
Violations; penalty; county attorney or Attorney General; action to assure compliance.
Any person who shall violate any of the provisions of sections 71-5301 to 71-5313 shall be guilty of a Class IV misdemeanor and each day shall constitute a separate offense in cases of continued violation. It shall be the duty of the county attorney or the Attorney General, to whom the director reports a violation, to cause appropriate proceedings to be instituted without delay to assure compliance with sections 71-5301 to 71-5313.
Source
Laws 1976, LB 821, § 12;
Laws 1977, LB 41, § 62.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5312.01 - Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.

71-5312.01.
Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.
(1) All rules and regulations adopted prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148.
(2) All licenses, certificates, or other forms of approval issued prior to July 1, 2021, in accordance with the Nebraska Safe Drinking Water Act shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Nebraska Safe Drinking Water Act shall be subject to the provisions of the act as they existed prior to July 1, 2021.
Source
Laws 2007, LB463, § 1230;
Laws 2021, LB148, § 80.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5313 - Act, how cited.

71-5313.
Act, how cited.
Sections 71-5301 to 71-5313 shall be known and may be cited as the Nebraska Safe Drinking Water Act.
Source
Laws 1976, LB 821, § 13;
Laws 1988, LB 383, § 10;
Laws 1997, LB 517, § 24;
Laws 2007, LB463, § 1231.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5315 - Legislative findings.

71-5315.
Legislative findings.
The Legislature finds that safe drinking water is essential to the protection of public health. The Legislature further finds that the construction, rehabilitation, operation, and maintenance of modern and efficient public water systems and safe drinking water projects are essential to protecting and improving the quality of the state's drinking water, that protecting water quality is an issue of concern to all citizens of the state, and that adequate public water systems and safe drinking water projects are essential to public health and to economic growth and development. Systems need to have adequate technical, managerial, and financial capacities to assure that the public is protected. Needed assistance can be provided to systems through the funds created by the Drinking Water State Revolving Fund Act. The Legislature finds and determines that the funds should be available in perpetuity for providing financial assistance to such systems and for such projects.
The Legislature finds and determines that these funds will consist of both state money and federal grant funds. In addition, the funds can be increased and additional needed safe drinking water projects for owners of public water systems can be undertaken more expeditiously through the issuance of revenue bonds by the Nebraska Investment Finance Authority and the deposit of the proceeds thereof into the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund.
The Legislature finds and determines that the issuance of revenue bonds for financing the funds serves a public purpose by assisting public water systems in providing and improving safe drinking water projects and thereby providing safe drinking water to the citizens of the state, promoting the health and well-being of the citizens, and assisting in the economic growth and development of the state. The full faith and credit and the taxing power of the state are not pledged to the payment of such bonds or the interest thereon.
Source
Laws 1997, LB 517, § 4;
Laws 2001, LB 667, § 44.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5316 - Terms, defined.

71-5316.
Terms, defined.
For purposes of the Drinking Water State Revolving Fund Act, unless the context otherwise requires:
(1) Safe Drinking Water Act means the federal Safe Drinking Water Act, as the act existed on October 23, 2018;
(2) Construction means any of the following: Preliminary planning to determine the feasibility of a safe drinking water project for a public water system; engineering, architectural, legal, fiscal, or economic investigations or studies; surveys, designs, plans, working drawings, specifications, procedures, or other necessary preliminary actions; erection, building, acquisition, alteration, remodeling, improvement, or extension of public water systems; or the inspection or supervision of any of such items;
(3) Council means the Environmental Quality Council;
(4) Department means the Department of Environment and Energy;
(5) Director means the Director of Environment and Energy;
(6) Operate and maintain means all necessary activities, including the normal replacement of equipment or appurtenances, to assure the dependable and economical function of a public water system in accordance with its intended purpose;
(7) Owner means any person owning or operating a public water system;
(8) Public water system has the definition found in section 71-5301; and
(9) Safe drinking water project means the structures, equipment, surroundings, and processes required to establish and operate a public water system.
Source
Laws 1997, LB 517, § 5;
Laws 2001, LB 667, § 45;
Laws 2019, LB302, § 91;
Laws 2019, LB307, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5319 - Repayment of loan or credit; effect.

71-5319.
Repayment of loan or credit; effect.
If funds are loaned to or otherwise credited to the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund with an obligation to repay such loan or credit, the obligation to repay the amount of the loan or credit and the interest thereon shall, upon authorization by the council and execution and delivery by the department of an agreement to repay the loan or credit, be a valid and binding obligation of such funds or either fund or portions thereof and payable in accordance with the terms of the agreement executed by the department.
Source
Laws 1997, LB 517, § 8.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5320 - Pledge; effect.

71-5320.
Pledge; effect.
Any pledge of the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund or any part thereof or any pledge of the assets of such funds made by the department as authorized by the council shall be valid and binding from the time the pledge is made. The revenue, money, or assets so pledged and received by such funds shall immediately be subject to a lien of such pledge without any physical delivery thereof or further act, and the lien shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against such funds or the assets thereof, regardless of whether the parties have notice of the lien. Neither the action by the council, the pledge agreement executed by the department, nor any other instrument by which a pledge is created need be recorded.
Source
Laws 1997, LB 517, § 9.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5321 - Council; powers and duties.

71-5321.
Council; powers and duties.
The council shall have the following powers and duties:
(1) The power to adopt and promulgate rules and regulations to govern eligible systems and application procedures and requirements for making loans under the Drinking Water State Revolving Fund Act;
(2) The power to adopt an intended use plan which shall include the funding priorities established in subsection (6) of section 71-5302. This intended use plan shall be reviewed annually by the council;
(3) The power to adopt a system of establishing interest rates to be charged on loans. The system may allow discounted interest rates for short-term loans or for serious financial hardship. The following factors shall be considered when making a determination of serious financial hardship: Income level of residents; amount of debt and debt service requirements; and level of user fees both in absolute terms and relative to income of residents;
(4) The power to approve criteria for defining disadvantaged communities;
(5) The power to create an administrative fee to be assessed on a loan for the purpose of administering the Drinking Water State Revolving Fund Act; and
(6) Except as limited by section 71-5318, the power to obligate the Drinking Water Facilities Loan Fund or the Land Acquisition and Source Water Loan Fund and the assets thereof, in whole or in part, to repay with interest loans to or credits into such funds, including bonds, the proceeds of which are credited to such funds.
Source
Laws 1997, LB 517, § 10.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5324 - Loans; requirements.

71-5324.
Loans; requirements.
(1) All loans made under the Drinking Water State Revolving Fund Act shall be made only to owners of public water systems that:
(a) Meet the requirements of financial, technical, and managerial capability set by the department;
(b) Pledge sufficient revenue sources for the repayment of the loan if such revenue may by law be pledged for that purpose;
(c) In the case of a privately owned public water system, pledge sufficient revenue, collateral, or other security for the repayment of the loan;
(d) Agree to maintain financial records according to generally accepted government accounting principles and to conduct an audit of the financial records according to generally accepted government auditing standards; and
(e) Provide a written assurance, signed by an attorney holding an active license to practice in the State of Nebraska, that the recipient has proper title, easements, and rights-of-way to the property on or through which the safe drinking water project is to be constructed or extended.
(2) Loans made for the construction of a safe drinking water project shall be made only to owners of public water systems which meet the conditions of subsection (1) of this section and, in addition, that:
(a) Require the contractor of the project to post separate performance and payment bonds or other security approved by the department in the amount of the bid;
(b) Provide a written notice of completion and start of operation of the safe drinking water project;
(c) Employ a registered professional engineer to provide and be responsible for engineering services on the project such as an engineering report, construction contract documents, observation of construction, and startup services; and
(d) Agree to operate and maintain the safe drinking water project so that it will function properly over the structural and material design life.
Source
Laws 1997, LB 517, § 13;
Laws 2001, LB 667, § 48.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5325 - Loan terms.

71-5325.
Loan terms.
Loan terms shall include, but not be limited to, the following:
(1) The term of the loan shall not exceed thirty years, except for systems serving disadvantaged communities which term may not exceed forty years;
(2) The interest rate shall be at or below market interest rates;
(3) The annual principal and interest payment shall commence not later than one year after completion of any project; and
(4) The loan recipient shall immediately repay any loan when a grant has been received which covers costs provided for by such loan.
Source
Laws 1997, LB 517, § 14;
Laws 2019, LB307, § 3.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5327 - Reserves authorized.

71-5327.
Reserves authorized.
At any time after the first year the fund is effective the director may: (1) Reserve a dollar amount equal to thirty-three percent of a capitalization grant made pursuant to section 1452 of the Safe Drinking Water Act and add the funds reserved to any funds provided to the state pursuant to section 601 of the Federal Water Pollution Control Act; and (2) reserve in any year a dollar amount up to the dollar amount that may be reserved under subdivision (1) of this section of the capitalization grants made pursuant to section 601 of the Federal Water Pollution Control Act and add the reserved funds to any funds provided to the state pursuant to section 1452 of the federal Safe Drinking Water Act.
Source
Laws 1997, LB 517, § 16;
Laws 2019, LB307, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5328 - Lead Service Line Cash Fund; created; use; investment.

71-5328.
Lead Service Line Cash Fund; created; use; investment.
The Lead Service Line Cash Fund is created. The fund shall be administered by the Department of Environment and Energy. The fund shall consist of funds transferred by the Legislature. The fund shall be used for grants to utilities districts to expedite the replacement of homeowner-owned lead service lines. 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 2023, LB818, § 40.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5646 - Legislative findings.

71-5646.
Legislative findings.
The Legislature finds and recognizes that rural health care is in the process of transition. Many rural communities are finding it difficult to recruit and retain health care professionals, to keep hospitals open, and to provide quality care to their residents. Although recent national rankings show that Nebraskans are among the healthiest in the nation, continued stress on our rural health care system could leave areas of the state without adequate health care services.
The Legislature further finds that rural health care issues will be best addressed through a comprehensive approach that emphasizes two principles. First, rural health care problems are seldom isolated in their causes or effects. Second, rural health care problems are most effectively resolved by residents of the area involved and state strategies should focus on assisting those residents to develop and implement their own solutions to such problems.
Source
Laws 1990, LB 994, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5647 - Office of Rural Health; created; powers and duties.

71-5647.
Office of Rural Health; created; powers and duties.
The Office of Rural Health is hereby created within the Department of Health and Human Services. The office shall have the following powers and duties:
(1) To assist rural residents in obtaining high quality health care which includes the following:
(a) Assist in the recruitment and retention of health care professionals to rural areas, including specifically physicians and nurses;
(b) Assist rural communities in maintaining the viability of hospital services whenever feasible or, for communities in transition, in developing alternative systems to provide equivalent quality care to their residents;
(c) Assist rural communities in planning to meet changes needed due to the changing rural economy and demographics or new technology;
(d) Assist in the development of health care networks or cooperative ventures among rural communities or health care providers;
(e) Assist in promoting or developing demonstration projects to identify and establish alternative health care systems; and
(f) Assist rural communities in developing and identifying leaders and leadership skills among their residents to enable such communities to work toward appropriate and cost-effective solutions to the health care issues that confront them;
(2) To develop a comprehensive rural health policy to serve as a guide for the development of programs of the department aimed at improving health care in rural Nebraska and a rural health action plan to guide implementation of the policy;
(3) To establish liaison with other state agency efforts in the area of rural development and human services delivery to ensure that the programs of the office are appropriately coordinated with these efforts and to encourage use of the comprehensive rural health policy by other agencies as a guide to their plans and programs affecting rural health;
(4) To develop and maintain an appropriate data system to identify present and potential rural health issues and to evaluate the effectiveness of programs and demonstration projects;
(5) To encourage and facilitate increased public awareness of issues affecting rural health care;
(6) To carry out its duties under the Rural Health Systems and Professional Incentive Act;
(7) To carry out the duties required by section 71-5206.01; and
(8) To carry out related duties as directed by the Department of Health and Human Services.
Source
Laws 1990, LB 994, § 2;
Laws 1991, LB 400, § 23;
Laws 1993, LB 152, § 5;
Laws 1996, LB 1044, § 725;
Laws 1998, LB 1073, § 151;
Laws 2005, LB 301, § 52;
Laws 2007, LB296, § 623.
Cross References
Rural Health Systems and Professional Incentive Act, see section 71-5650.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5649 - Legislative appropriation.

71-5649.
Legislative appropriation.
The Legislature shall appropriate sufficient funds to the Department of Health and Human Services to enable the Office of Rural Health to carry out its duties pursuant to section 71-5647.
Source
Laws 1990, LB 994, § 4;
Laws 1991, LB 400, § 24;
Laws 1996, LB 1044, § 726;
Laws 1998, LB 1073, § 152;
Laws 2005, LB 301, § 53;
Laws 2007, LB296, § 624.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5650 - Rural Health Systems and Professional Incentive Act; act, how cited.

71-5650.
Rural Health Systems and Professional Incentive Act; act, how cited.
Sections 71-5650 to 71-5670 shall be known and may be cited as the Rural Health Systems and Professional Incentive Act.
Source
Laws 1991, LB 400, § 1;
Laws 2015, LB196, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5651 - Legislative findings.

71-5651.
Legislative findings.
(1) The Legislature finds that (a) residents of rural Nebraska frequently encounter difficulties in obtaining medical care due to the lack of health care providers, facilities, and services, (b) many rural communities experience problems in recruiting and retaining health care providers, (c) rural residents are often required to travel long distances in order to obtain health care services, (d) elderly and uninsured persons constitute a high proportion of the population in rural Nebraska, (e) many rural hospitals are experiencing declining patient revenue and are being forced to reconsider the scope and nature of the health care services they provide, (f) the physical and economic stresses of rural living can lead to an increased need for mental health services in rural Nebraska, (g) the conditions described in this section can lead to situations in which residents of rural Nebraska receive a lower level of health care services than their urban counterparts, and (h) some of the conditions described in this subsection also exist in underserved portions of metropolitan areas within the state.
(2) The Legislature further finds that the health care industry is a vital component of the economic base of many rural communities and that the maintenance and enhancement of this industry can play a significant role in efforts to further the economic development of rural communities.
(3) The Legislature further finds that the inherent limitations imposed upon health care delivery mechanisms by the rural environment can be partially overcome through a greater emphasis on the development of health care systems that emphasize the linkage and integration of health care resources in neighboring communities as well as the development of new resources.
(4) The Legislature further finds that postsecondary education of medical, dental, and mental health professionals is important to the welfare of the state. The Legislature further recognizes and declares that the state can help alleviate the problems of maldistribution and shortages of medical, dental, and mental health personnel through programs offering financial incentives to practice in areas of shortage.
Source
Laws 1991, LB 400, § 2;
Laws 2004, LB 1005, § 99.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-5652 - Purposes of act.

71-5652.
Purposes of act.
The purposes of the Rural Health Systems and Professional Incentive Act are to (1) create the Nebraska Rural Health Advisory Commission and establish its powers and duties, (2) establish a student loan program that will provide financial incentives to medical, dental, master's level and doctorate-level mental health, and physician assistant students who agree to practice their profession in a designated health profession shortage area within Nebraska, (3) establish a loan repayment program that will provide financial incentives to medical residents who agree to practice their profession in a designated health profession shortage area within Nebraska, and (4) establish a loan repayment program that will require community matching funds and will provide financial incentives to eligible health professionals who agree to practice their profession in a designated health profession shortage area within Nebraska.
Source
Laws 1991, LB 400, § 3;
Laws 1994, LB 1223, § 55;
Laws 1996, LB 1155, § 47;
Laws 2000, LB 1115, § 79;
Laws 2004, LB 1005, § 100;
Laws 2015, LB196, § 2.