reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1603 - Terms, defined.

57-1603.
Terms, defined.
For purposes of the Nebraska Geologic Storage of Carbon Dioxide Act:
(1) Applicable underground injection control program for each class of storage facility injection well means the program, or most recent amendment thereof, for that class of well in Nebraska as provided by federal law;
(2) Carbon dioxide stream means carbon dioxide from anthropogenic sources, plus incidental associated substances derived from the source materials and the production or capture process, and any substances added to the stream to enable or improve the injection process if such substances will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to effectively enclose and contain the stored carbon dioxide stream;
(3) Commission means the Nebraska Oil and Gas Conservation Commission;
(4) Geologic storage means the permanent or short-term underground storage of carbon dioxide streams in a storage reservoir;
(5) Permit means a permit issued by the commission under the Nebraska Geologic Storage of Carbon Dioxide Act allowing a person to operate a storage facility;
(6) Reservoir means a subsurface stratum, formation, cavity, or void, whether natural or artificially created, suitable for or capable of receiving through a well and geologically storing a carbon dioxide stream;
(7) Reservoir estate means ownership of any portion of a storage reservoir;
(8) Storage facility means the storage reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic storage operation. The term includes the injection well and equipment used to connect the surface facility and equipment to the storage reservoir and underground equipment. The term does not include pipelines used to transport carbon dioxide to the storage facility;
(9) Storage operator means a person holding or applying for a permit under the act; and
(10) Storage reservoir means the reservoir proposed, authorized, or used for storing one or more carbon dioxide streams pursuant to a permit. The term does not include reservoirs used for purposes other than storage of carbon dioxide streams.
Source
Laws 2021, LB650, § 3.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1605 - Commission; powers.

57-1605.
Commission; powers.
The commission has authority:
(1) Over all persons and property necessary to administer and enforce the Nebraska Geologic Storage of Carbon Dioxide Act and its objectives;
(2) To regulate activities relating to a storage facility, including construction, operation, and closure;
(3) To enter, at a reasonable time and in a reasonable manner, a storage facility to inspect equipment and facilities, to observe, monitor, and investigate operations, and to inspect records required to be maintained at the facility;
(4) To require that storage operators provide assurance, including bonds, that money is available to fulfill the storage operator's duties;
(5) To exercise continuing jurisdiction over storage operators and storage facilities, including the authority, after notice and hearing, to amend provisions in a permit and to revoke a permit; and
(6) To grant, for good cause, exceptions to the act's requirements and the requirements of any implementing rules and regulations.
Source
Laws 2021, LB650, § 5.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1606 - Permit, required; transfer; consent from permitting authority.

57-1606.
Permit, required; transfer; consent from permitting authority.
Geologic storage is allowed if a permit has been obtained from both the commission and the Underground Injection Control program permitting authority. A permit may be transferred if the commission and the Underground Injection Control program permitting authority consent.
Source
Laws 2021, LB650, § 6.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1607 - Permit; application; fee; costs; priority for processing.

57-1607.
Permit; application; fee; costs; priority for processing.
(1) A person applying for a permit shall:
(a) Comply with application requirements set by the commission;
(b) Pay a fee in an amount set by the commission. The amount of the fee shall be set by rule and regulation and shall be based on the commission's anticipated cost of processing the application. The fee shall be deposited in the Carbon Dioxide Storage Facility Administrative Fund; and
(c) Pay to the commission the costs the commission incurs in publishing notices for hearings and holding hearings on permit applications.
(2) In processing permit applications, the commission shall give priority to storage operators who intend to store carbon dioxide produced in Nebraska.
Source
Laws 2021, LB650, § 7.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1608 - Hearing; notice; requirements.

57-1608.
Hearing; notice; requirements.
(1) The commission shall hold a public hearing before issuing a permit.
(2) Notice of the hearing shall be provided in accordance with section 57-911 and commission rules and regulations adopted and promulgated thereunder.
(3) Notice of the hearing shall be given to each mineral lessee, mineral owner, and reservoir estate owner within the storage reservoir and within one-half mile of the storage reservoir's boundaries.
(4) Notice of the hearing shall be given to each surface owner of land overlying the storage reservoir and within one-half mile of the storage reservoir's boundaries.
(5) Notice of the hearing shall be given to any additional persons that the commission requires.
(6) Hearing notices required by this section shall comply with deadlines set by the commission and shall contain the information the commission requires.
Source
Laws 2021, LB650, § 8.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1609 - Permit; issuance; consultation required.

57-1609.
Permit; issuance; consultation required.
Before issuing a permit, the commission shall consult with the Department of Environment and Energy and the Underground Injection Control program permitting authority.
Source
Laws 2021, LB650, § 9.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1610 - Permit; issuance; findings.

57-1610.
Permit; issuance; findings.
Before issuing a permit, the commission shall find:
(1) That the storage operator has complied with all requirements set by the commission;
(2) That the storage facility is suitable and feasible for carbon dioxide injection and storage;
(3) That the carbon dioxide to be stored is of a quality that allows it to be safely and efficiently stored in the storage reservoir;
(4) That the proposed storage facility will not endanger surface waters or underground sources of drinking water;
(5) That carbon dioxide will not escape into the atmosphere or surface waters from the storage reservoir;
(6) That the storage facility will not endanger human health or unduly endanger the environment;
(7) That the horizontal and vertical boundaries of the storage reservoir are defined;
(8) That the storage operator will establish a testing and monitoring plan to assess the location and migration of carbon dioxide injected for storage and to ensure compliance with all permit, statutory, and administrative requirements;
(9) That the storage operator has satisfied all of the requirements in subdivisions (2) through (8) of this section if the storage operator has obtained all permits required by the applicable underground injection control program permitting authority for each storage facility injection well;
(10) That the storage facility is in the public interest;
(11) In accordance with the United States Environmental Protection Agency Underground Injection Control Program, that the storage operator has completed a comprehensive geologic study which includes a seismic risk assessment;
(12) That the storage operator has made a good-faith effort to obtain the consent of all persons who own reservoir estates within the storage reservoir;
(13) That the storage operator has obtained the consent of persons who own reservoir estates comprising at least sixty percent of the physical volume contained within the defined storage reservoir;
(14) Whether the storage reservoir contains commercially valuable minerals. If it does, a permit may be issued only if the commission is satisfied that the interests of the mineral owners or mineral lessees will not be adversely affected or have been addressed in an arrangement entered into by the mineral owners or mineral lessees and the storage operator; and
(15) That all nonconsenting reservoir estate owners are or will be equitably compensated.
Source
Laws 2021, LB650, § 10.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1611 - Permit or order; contents.

57-1611.
Permit or order; contents.
The commission may include in a permit or order all things necessary to carry out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act and to protect and adjust the respective rights and obligations of persons affected by geologic storage.
Source
Laws 2021, LB650, § 11.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1612 - Reservoir estates owned by nonconsenting owners; included when.

57-1612.
Reservoir estates owned by nonconsenting owners; included when.
If a storage operator does not obtain the consent of all persons who own a reservoir estate within the storage reservoir, the commission may require that any reservoir estates owned by nonconsenting owners be included in a storage facility and subject to geologic storage.
Source
Laws 2021, LB650, § 12.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1613 - Certificate; issuance; filing.

57-1613.
Certificate; issuance; filing.
When the commission issues a permit, it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the register of deeds in the county or counties where the storage facility is located.
Source
Laws 2021, LB650, § 13.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1614 - Storage facility; commission; duties; effect on jurisdiction of Department of Environment and Energy.

57-1614.
Storage facility; commission; duties; effect on jurisdiction of Department of Environment and Energy.
(1) The commission shall take action to ensure that a storage facility does not cause pollution or create a nuisance. For the purposes of this provision and in applying other laws, carbon dioxide streams stored, and which remain in storage under a commission permit, are not a pollutant and do not constitute a nuisance.
(2) The commission's authority in subsection (1) of this section does not limit the jurisdiction held by the Department of Environment and Energy. Nothing else in the Nebraska Geologic Storage of Carbon Dioxide Act limits the jurisdiction held by the Department of Environment and Energy.
(3) The commission shall take action to ensure that substances that compromise the objectives of the act or the integrity of a storage reservoir do not enter a storage reservoir.
(4) The commission shall take action to ensure that carbon dioxide does not escape from a storage facility.
Source
Laws 2021, LB650, § 14.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1615 - Act; permit; how construed.

57-1615.
Act; permit; how construed.
The Nebraska Geologic Storage of Carbon Dioxide Act and any issuance of a permit under the act shall not be construed to:
(1) Prejudice the rights of property owners within a storage facility to exercise rights that have not been committed to a storage facility;
(2) Prevent a mineral owner or mineral lessee from drilling through or near a storage reservoir to explore for and develop minerals if the drilling, production, and related activities comply with commission requirements that preserve the storage facility's integrity and protect the objectives of the act; or
(3) Amend or alter any statute, rule, or regulation in effect on August 28, 2021, which relates to the commission's authority to regulate operations to increase ultimate recovery from a pool as defined in section 57-903, including, but not limited to, the introduction of carbon dioxide into a pool.
Source
Laws 2021, LB650, § 15.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1616 - Fees; Carbon Dioxide Storage Facility Administrative Fund; created; use; investment.

57-1616.
Fees; Carbon Dioxide Storage Facility Administrative Fund; created; use; investment.
(1) Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. The amount shall be based on the commission's anticipated expenses in regulating storage facilities during their construction, operational, and preclosure phases.
(2) Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Carbon Dioxide Storage Facility Administrative Fund, which is hereby created. The fund shall be administered by the commission and shall be used only for defraying the commission's expenses in processing permit applications, regulating storage facilities during their construction, operational, and preclosure phases, and making storage amount determinations under section 57-1624. The commission, however, through a cooperative or interlocal cooperation agreement with another state agency, may use the fund to compensate the cooperating agency for expenses the cooperating agency incurs in carrying out regulatory responsibilities such agency may have over a storage facility. Interest earned by the fund shall be deposited in the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Transfers from the fund are not permitted.
Source
Laws 2021, LB650, § 16.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1617 - Fees; Carbon Dioxide Storage Facility Trust Fund; created; use; investment.

57-1617.
Fees; Carbon Dioxide Storage Facility Trust Fund; created; use; investment.
(1) In addition to the fee required under section 57-1616, storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee shall be in an amount set by the commission in rules and regulations adopted and promulgated by the commission. The amount shall be based on the commission's anticipated expenses associated with long-term monitoring and management of the storage facility following issuance of the certificate of project completion under section 57-1619.
(2) Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Carbon Dioxide Storage Facility Trust Fund, which is hereby created. The fund shall be administered by the commission and shall be used only for defraying expenses the commission incurs in long-term monitoring and management of a closed storage facility. The commission, however, through a cooperative or interlocal cooperation agreement with another state agency, may use the fund to compensate the cooperating agency for expenses the cooperating agency incurs in carrying out regulatory responsibilities such agency may have over a storage facility. Interest earned by the fund shall be deposited in the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Transfers from the fund are not permitted.
Source
Laws 2021, LB650, § 17.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1618 - Carbon dioxide; title; liability.

57-1618.
Carbon dioxide; title; liability.
The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of project completion under section 57-1619. While the storage operator holds title, the operator is liable for any damage the carbon dioxide may cause, including damage caused by carbon dioxide that escapes from the storage facility.
Source
Laws 2021, LB650, § 18.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1619 - Certificate of project completion; notice; hearing; consultation; issuance; conditions; effect.

57-1619.
Certificate of project completion; notice; hearing; consultation; issuance; conditions; effect.
(1) After carbon dioxide injections into a reservoir end and upon application by the storage operator, the commission shall consider issuing a certificate of project completion.
(2) The certificate may only be issued after public notice and hearing. The commission shall establish notice requirements for such hearing.
(3) The certificate may only be issued after the commission has consulted with the Department of Environment and Energy and the Underground Injection Control program permitting authority.
(4) The certificate may only be issued if the storage operator:
(a) Is in full compliance with all laws governing the storage facility;
(b) Shows that it has addressed all pending claims regarding the storage facility's operation;
(c) Shows that it has received an authorization of site closure from the applicable underground injection control program permitting authority for each storage facility injection well; and
(d) Shows that any wells, equipment, and facilities to be used in the post-closure period are in good condition and retain mechanical integrity.
(5) Once a certificate is issued:
(a) Title to the storage facility and to the stored carbon dioxide transfers, without payment of any compensation, to the State of Nebraska;
(b) Title acquired by the state includes all rights and interests in, and all responsibilities associated with, the stored carbon dioxide;
(c) The storage operator and all persons who generated any injected carbon dioxide streams are released from all regulatory requirements associated with the storage facility;
(d) Any financial assurance provided by the storage operator shall be released; and
(e) Monitoring and managing the storage facility is the state's responsibility to be overseen by the commission.
Source
Laws 2021, LB650, § 19.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1620 - Violations; penalties.

57-1620.
Violations; penalties.
(1) Any person who violates any provision of the Nebraska Geologic Storage of Carbon Dioxide Act or any rule, regulation, or order of the commission under the act shall be guilty of a Class II misdemeanor. Each day that such violation continues shall constitute a separate offense.
(2) If any person, for the purpose of evading the provisions of the act or any rule, regulation, or order of the commission under the act, makes or causes to be made any false entry or statement in a report required by the act or by any such rule, regulation, or order, makes or causes to be made any false entry in any record, account, or memorandum required by the act or by any such rule, regulation, or order, or removes from this state or destroys, mutilates, alters, or falsifies any such record, account, or memorandum, such person shall be guilty of a Class II misdemeanor.
(3) Any person who knowingly aids or abets any other person in the violation of any provision of the act or any rule, regulation, or order of the commission under the act shall be subject to the same penalty as that prescribed by the act for the violation by such other person.
(4) The penalties provided in this section shall be recoverable by suit filed by the Attorney General in the name and on behalf of the commission, in the district court of the county in which the defendant resides, or in which any defendant resides if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
(5) In determining the amount of the penalty, the court shall consider:
(a) The nature of the violation, including its circumstances and gravity, and the hazard or potential hazard to the public's or a private person's health, safety, and economic welfare;
(b) The economic or environmental harm caused by the violation;
(c) The economic value or other advantage gained by the person committing the violation;
(d) The history of previous violations;
(e) The amount necessary to deter future violations;
(f) Efforts to correct the violation; and
(g) Other matters justice requires.
Source
Laws 2021, LB650, § 20.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1621 - Agreements with government entities and state agencies; contracts authorized.

57-1621.
Agreements with government entities and state agencies; contracts authorized.
(1) The commission may enter into agreements with other government entities and state agencies for the purpose of carrying out the objectives of the Nebraska Geologic Storage of Carbon Dioxide Act, including agreements under the Interlocal Cooperation Act when applicable.
(2) The commission may enter into contracts with private persons to assist it in carrying out the objectives of the act.
Source
Laws 2021, LB650, § 21.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1622 - Storage facility; cooperative operation.

57-1622.
Storage facility; cooperative operation.
Cooperative operation of a storage facility under a permit issued by the commission does not violate Nebraska statutes relating to trusts, monopolies, or restraint of trade.
Source
Laws 2021, LB650, § 22.
2023 Nebraska Revised Statutes › Chapter 57 - Minerals, Oil, and Gas › 57-1624 - Storage amount; determination; fee.

57-1624.
Storage amount; determination; fee.
(1) The commission, under procedures and criteria it may adopt, shall determine the amount of injected carbon dioxide stored in a storage reservoir.
(2) The purpose for determining storage amounts is to facilitate using the stored carbon dioxide for such matters as carbon credits, allowances, trading, emissions allocations, and offsets, and for other similar purposes.
(3) The commission may charge a reasonable fee to the person requesting a storage determination. Any such fee shall be set by the commission in rules and regulations adopted and promulgated by the commission.
(4) Any fees received by the commission under this section for storage determinations shall be remitted to the State Treasurer for credit to the Carbon Dioxide Storage Facility Administrative Fund.
Source
Laws 2021, LB650, § 24.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-101 - Money; denominations; public payments.

58-101.
Money; denominations; public payments.
The money of account of this state is the dollar, cent and mill, and all public accounts, and the proceedings of all courts in relation to money, shall be kept and expressed in money of the above denominations.
Source
R.S.1866, c. 37, § 1, p. 269;
R.S.1913, § 4015;
C.S.1922, § 3418;
C.S.1929, § 58-101;
R.S.1943, § 58-101.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-102 - Money; demand expressed in another denomination; effect.

58-102.
Money; demand expressed in another denomination; effect.
The provisions of section 58-101 shall not in any manner affect any demand expressed in money of another denomination; but such demand, in any suit or proceeding affecting the same, shall be reduced to the denominations in that section given.
Source
R.S.1866, c. 37, § 2, p. 269;
R.S.1913, § 4016;
C.S.1922, § 3419;
C.S.1929, § 58-102;
R.S.1943, § 58-102.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-201 - Act, how cited.

58-201.
Act, how cited.
Sections 58-201 to 58-273 shall be known and may be cited as the Nebraska Investment Finance Authority Act.
Source
Laws 1983, LB 626, § 1;
Laws 1986, LB 1230, § 29;
Laws 1989, LB 311, § 1;
Laws 1989, LB 706, § 1;
Laws 1991, LB 253, § 1;
Laws 1992, LB 1001, § 2;
Laws 1996, LB 1322, § 1;
Laws 2002, LB 1211, § 3;
Laws 2006, LB 693, § 1;
Laws 2023, LB92, § 73.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-204 - Finance and development entities; legislative findings.

58-204.
Finance and development entities; legislative findings.
The Legislature finds that the Nebraska Mortgage Finance Fund, the Nebraska Development Finance Fund, and the Agricultural Development Corporation have effectuated their respective public purposes.
Source
Laws 1983, LB 626, § 4;
Laws 1991, LB 253, § 4.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-205 - Consolidation of various finance and development entities; legislative findings.

58-205.
Consolidation of various finance and development entities; legislative findings.
The Legislature further finds that the use of a single staff by the Nebraska Mortgage Finance Fund, the Nebraska Development Finance Fund, and the Agricultural Development Corporation has proven to be very efficient and that it would promote an even more efficient operation of the activities of such entities if they were consolidated into a single entity with a single governing body.
Source
Laws 1983, LB 626, § 5;
Laws 1991, LB 253, § 5.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-206 - Assistance and expertise; provided by single finance and development entity; legislative findings.

58-206.
Assistance and expertise; provided by single finance and development entity; legislative findings.
The Legislature further finds that:
(1) In many instances local communities, citizens of the state, and private enterprise lack the knowledge and technical expertise necessary to take advantage of the public purpose financings offered by the Nebraska Mortgage Finance Fund, the Nebraska Development Finance Fund, the Agricultural Development Corporation, and local industrial development revenue bond options, resulting in less than full realization of the public purpose benefits of such financings to the state and its citizens;
(2) It is in the interest of the state and its citizens, as well as local communities, to provide assistance and expertise to enable local communities, citizens, and private enterprise to more fully realize the benefits available to the general public; and
(3) Such assistance and expertise can be provided by a single quasi-governmental entity with a professional staff.
Source
Laws 1983, LB 626, § 6;
Laws 1991, LB 253, § 6.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-207 - Definitions, where found.

58-207.
Definitions, where found.
For purposes of the Nebraska Investment Finance Authority Act, unless the context otherwise requires, the definitions found in sections 58-207.01 to 58-225 shall be used.
Source
Laws 1983, LB 626, § 7;
Laws 1984, LB 1084, § 3;
Laws 1989, LB 706, § 3;
Laws 1991, LB 253, § 7;
Laws 1992, LB 1001, § 5;
Laws 1996, LB 1322, § 4;
Laws 2006, LB 693, § 4.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-207.01 - Abatement, defined.

58-207.01.
Abatement, defined.
Abatement shall include, but not be limited to, any (1) inspection and testing regarding environmental hazards, (2) maintenance to reduce, lessen, put an end to, diminish, moderate, decrease, control, dispose of, or eliminate environmental hazards, (3) removal or encapsulation of environmentally hazardous material or property, (4) restoration or replacement of material or property, (5) related architectural and engineering services, and (6) other action to reduce or eliminate environmental hazards in the school buildings or grounds under the school's control. Abatement shall not include the encapsulation of any material containing more than one percent friable asbestos.
Source
Laws 1989, LB 706, § 4;
Laws 1991, LB 253, § 8;
Laws 1992, LB 1001, § 6.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-207.03 - Accessibility barrier elimination, defined.

58-207.03.
Accessibility barrier elimination, defined.
Accessibility barrier elimination shall include, but not be limited to, inspection for and removal of accessibility barriers, maintenance to reduce, lessen, put an end to, diminish, control, dispose of, or eliminate accessibility barriers, related restoration or replacement of facilities or property, any related architectural and engineering services, and any other action to reduce or eliminate accessibility barriers in the school buildings or on the school grounds under the control of the school board. Accessibility barrier elimination project costs shall include, but not be limited to, inspection, maintenance, accounting, emergency services, consultation, or any other action to reduce or eliminate accessibility barriers.
Source
Laws 1992, LB 1001, § 8.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-209.01 - Blighted area, defined.

58-209.01.
Blighted area, defined.
Blighted area has the same meaning as in section 18-2103.
Source
Laws 1984, LB 1084, § 4;
Laws 1991, LB 253, § 11;
Laws 2023, LB531, § 24.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-210 - Bond, defined.

58-210.
Bond, defined.
Bond shall mean any bond, note, debenture, interim certificate, bond anticipation note, or other evidence of financial indebtedness.
Source
Laws 1983, LB 626, § 10;
Laws 1991, LB 253, § 12.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-210.01 - Environmental hazard, defined.

58-210.01.
Environmental hazard, defined.
Environmental hazard shall mean any contamination of the air, water, or land surface or subsurface caused by any substance adversely affecting human health or safety, if such substance has been declared hazardous by a federal or state statute, rule, or regulation.
Source
Laws 1989, LB 706, § 5;
Laws 1991, LB 253, § 13.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-210.02 - Economic-impact project, defined.

58-210.02.
Economic-impact project, defined.
(1) Economic-impact project means:
(a) Any of the following, whether or not in existence, financed in whole or in part through the use of the federal new markets tax credit described in section 45D of the Internal Revenue Code, and located in a low-income community designated pursuant to section 45D of the Internal Revenue Code or designated by the Department of Economic Development:
(i) Any land, building, or other improvement, including, but not limited to, infrastructure;
(ii) Any real or personal property;
(iii) Any equipment; or
(iv) Any undivided or other interest in any property described in subdivision (1)(a)(i), (1)(a)(ii), or (1)(a)(iii) of this section; or
(b) Any of the following, whether or not in existence, which constitutes a qualified opportunity zone business located in one or more certified qualified opportunity zones which is financed in whole or in part through one or more investments acquired by one or more qualified opportunity funds as authorized pursuant to the federal Tax Cuts and Jobs Act, Public Law 115-97:
(i) Any land, building, or other improvement, including, but not limited to, infrastructure;
(ii) Any real or personal property;
(iii) Any equipment; or
(iv) Any undivided or other interest in any property described in subdivision (1)(b)(i), (1)(b)(ii), or (1)(b)(iii) of this section.
(2) Economic-impact project does not include any operating capital.
Source
Laws 2006, LB 693, § 5;
Laws 2022, LB707, § 35.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-211 - Financing agreement, defined.

58-211.
Financing agreement, defined.
Financing agreement shall mean any contractual obligation between the authority and another entity with respect to the financing which shall include without limitation refinancing of a project or projects and shall include without limitation a lease agreement, loan agreement, sale contract, take-or-pay contract, or user agreement. The financing agreement shall provide for payments by such other entity to the authority in such amounts that the authority shall be able to pay on a timely basis interest on the bonds issued in connection with such agreement, the principal of such bonds, and any redemption prices or premiums with respect thereto. The financing agreement may provide that the obligation to make such payments shall be secured or evidenced in such manner as the authority deems appropriate to provide adequate security for the authority and the holders of the bonds issued in connection with such agreements. The financing agreement shall also contain provisions with respect to the acquisition, construction, rehabilitation, improvement, or refinancing of a project to effectuate the public purposes of the Nebraska Investment Finance Authority Act and provide that the agreement is not subject to assumption except under such circumstances as the authority determines are consistent with the public purposes to be carried out.
Source
Laws 1983, LB 626, § 11;
Laws 1991, LB 253, § 14.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-211.01 - First-time homebuyer, defined.

58-211.01.
First-time homebuyer, defined.
First-time homebuyer shall mean a low-income or moderate-income person who has had no present ownership interest in his or her principal residence at any time during the three-year period ending on the date a mortgage loan financed by the authority is received.
Source
Laws 1991, LB 253, § 15.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-212 - Hospital or nursing home, defined.

58-212.
Hospital or nursing home, defined.
Hospital or nursing home shall mean (1) any private nonprofit hospital, nonprofit nursing home, corporation, association, or institution, (2) any public hospital, public nursing home, or institution authorized by law to provide or operate health facilities in this state, and (3) any cooperative hospital service organization which is described in section 501(c) of the Internal Revenue Code or any similar nonprofit corporation, whether or not such corporation is exempt from federal income taxation pursuant to section 501(e) of the Internal Revenue Code.
Source
Laws 1983, LB 626, § 12;
Laws 1991, LB 253, § 16;
Laws 1995, LB 574, § 54.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-213 - Insurer, defined.

58-213.
Insurer, defined.
Insurer shall mean (1) an agency, department, administration, or instrumentality, corporate or otherwise, of or in the United States Department of Housing and Urban Development, the Farmers Home Administration of the United States Department of Agriculture, or the United States Department of Veterans Affairs, (2) any private insurance company, or (3) any other public or private agency which insures or guarantees loans, including mortgage loans.
Source
Laws 1983, LB 626, § 13;
Laws 1991, LB 2, § 9;
Laws 1991, LB 253, § 17.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-214 - Lender, defined.

58-214.
Lender, defined.
Lender shall mean (1) any federally chartered or state-chartered bank, federal land bank, production credit association, bank for cooperatives, savings and loan association, building and loan association, or small business investment company, (2) the Wastewater Treatment Facilities Construction Loan Fund, or (3) any other institution or fund qualified within the state to originate or service loans, including, but not limited to, insurance companies, credit unions, and mortgage loan companies.
Source
Laws 1983, LB 626, § 14;
Laws 1989, LB 311, § 4;
Laws 1991, LB 253, § 18.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-216 - Low-income or moderate-income person, defined.

58-216.
Low-income or moderate-income person, defined.
Low-income or moderate-income person shall mean any person irrespective of race, religion, creed, national origin, or sex determined by the authority to be eligible for such assistance as is made available by the Nebraska Investment Finance Authority Act on account of insufficient personal or family income, taking into consideration without limiting the generality thereof such factors as:
(1) The amount of income of such person available for housing needs;
(2) Size of family;
(3) Cost and condition of housing available;
(4) Whether such person is elderly, infirm, or disabled;
(5) The ability of such person to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, safe, and uncrowded housing; and
(6) Existing federal guidelines or standards for determining low income and moderate income.
Source
Laws 1983, LB 626, § 16;
Laws 1991, LB 253, § 19.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-216.01 - Microenterprise, defined.

58-216.01.
Microenterprise, defined.
Microenterprise shall mean any business, whether new or existing, with less than ten employees, less than twenty-five thousand dollars of net assets, and less than one hundred thousand dollars of annual sales.
Source
Laws 1996, LB 1322, § 5.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-217 - Mortgage, defined.

58-217.
Mortgage, defined.
Mortgage shall mean a mortgage deed, deed of trust, or other instrument securing a mortgage loan and constituting a lien on real property held in fee simple or on a leasehold under a lease having a remaining term at the time such mortgage is acquired of not less than the term for repayment of the mortgage loan secured by such mortgage which is improved by residential housing.
Source
Laws 1983, LB 626, § 17;
Laws 1991, LB 253, § 20.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-218 - Mortgage loan, defined.

58-218.
Mortgage loan, defined.
Mortgage loan shall mean an interest-bearing obligation which may be secured by a mortgage or such other security as the authority deems appropriate.
Source
Laws 1983, LB 626, § 18;
Laws 1991, LB 253, § 21.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-219.01 - Public agency, defined.

58-219.01.
Public agency, defined.
Public agency means any:
(1) County, city, or village; school, drainage, tax, improvement, or other district; local or regional housing agency; department, division, or political subdivision of this state or another state; housing agency or housing trust of this state or another state; and other agency, bureau, office, authority, or instrumentality of this state or another state;
(2) Board, agency, commission, division, or other instrumentality of a city, village, or county; and
(3) Board, commission, agency, department, or other instrumentality of the United States, or any political subdivision or governmental unit thereof, and in each case, any affiliates thereof.
Source
Laws 2006, LB 693, § 7.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-220 - Rental housing, defined.

58-220.
Rental housing, defined.
Rental housing shall mean a specific work or improvement within this state undertaken primarily to provide rental dwelling accommodations for low-income or moderate-income persons, which work or improvement shall include the acquisition, construction, reconstruction, or rehabilitation of land, buildings, and improvements thereto and such other nonhousing facilities, including commercial facilities, as may be appurtenant thereto so long as the cost of such nonhousing facilities does not exceed twenty percent of the total cost of the rental housing.
Source
Laws 1983, LB 626, § 20;
Laws 1991, LB 253, § 23;
Laws 2022, LB707, § 37.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-221 - Residential energy conservation device, defined.

58-221.
Residential energy conservation device, defined.
Residential energy conservation device shall mean any prudent means of reducing the demands for conventional fuels or increasing the supply or efficiency of these fuels in residential housing and shall include, but not be limited to:
(1) Caulking and weather stripping of doors and windows;
(2) Furnace efficiency modifications, including:
(a) Replacement burners, furnaces, heat pumps, or boilers or any combination thereof which, as determined by the Director of Environment and Energy, substantially increases the energy efficiency of the heating system;
(b) Any device for modifying flue openings which will increase the energy efficiency of the heating system; and
(c) Any electrical or mechanical furnace ignition system which replaces a standing gas pilot light;
(3) A clock thermostat;
(4) Ceiling, attic, wall, and floor insulation;
(5) Water heater insulation;
(6) Storm windows and doors, multiglazed windows and doors, and heat-absorbed or heat-reflective glazed window and door materials;
(7) Any device which controls demand of appliances and aids load management;
(8) Any device to utilize solar energy, biomass, geothermal, or wind power for any residential energy conservation purpose including heating of water and space heating or cooling; and
(9) Any other conservation device, renewable energy technology, and specific home improvement necessary to insure the effectiveness of the energy conservation measures as the Director of Environment and Energy by rule or regulation identifies.
Source
Laws 1983, LB 626, § 21;
Laws 1991, LB 253, § 24;
Laws 2019, LB302, § 64;
Laws 2022, LB707, § 38.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-222 - Residential housing, defined.

58-222.
Residential housing, defined.
Residential housing shall mean a specific work or improvement within this state undertaken primarily to provide owner-occupied dwelling accommodations for low-income and moderate-income persons, which work or improvement shall include the acquisition, construction, reconstruction, or rehabilitation of land, buildings, and improvements thereto, including residential energy conservation devices, and such other nonhousing facilities, including commercial facilities, as may be appurtenant thereto so long as the cost of such nonhousing facilities does not exceed twenty percent of the total cost of the residential housing.
Source
Laws 1983, LB 626, § 22;
Laws 1991, LB 253, § 25;
Laws 2022, LB707, § 39.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-223 - Residential energy conservation loan program, defined.

58-223.
Residential energy conservation loan program, defined.
Residential energy conservation loan program shall mean a system by which loans and mortgage loans for residential energy conservation devices are made to low-income and moderate-income persons pursuant to the Nebraska Investment Finance Authority Act.
Source
Laws 1983, LB 626, § 23;
Laws 1991, LB 253, § 26.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-223.01 - School, defined.

58-223.01.
School, defined.
School shall mean (1) any school board or school district and (2) any private for-profit or not-for-profit institution, the primary purpose of which is to provide educational instruction if such institution is available for attendance by members of the general public.
Source
Laws 1989, LB 706, § 6;
Laws 1991, LB 253, § 27.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-226 - Nebraska Investment Finance Authority; created; members; qualifications.

58-226.
Nebraska Investment Finance Authority; created; members; qualifications.
(1) There is hereby created a body politic and corporate, not a state agency, but an independent instrumentality exercising essential public functions, to be known as the Nebraska Investment Finance Authority. The authority shall have the powers and duties set forth in the Nebraska Investment Finance Authority Act.
(2) The authority shall be composed of nine members as follows:
(a) The Director of Agriculture, the Director of Economic Development, and the chairperson of the Nebraska Investment Council who shall be ex officio members; and
(b) Six public members who shall be appointed by the Governor as follows:
(i) One member shall be experienced in real estate development;
(ii) One member shall be experienced in industrial mortgage credit, commercial credit, agricultural credit, or housing mortgage credit;
(iii) One member shall be experienced in banking or investment banking;
(iv) One member shall be experienced in home building or shall be a licensed real estate broker;
(v) One member shall be experienced in agricultural production; and
(vi) One member shall be appointed at large.
(3) All members shall be residents of the state. Of the public members, two members shall be appointed from each congressional district. Of the six public members, not more than three shall belong to the same political party. The three ex officio members may each designate a representative to perform their respective duties under the act. It shall not constitute a conflict of interest for members of the authority to serve on any other public board or commission.
Source
Laws 1983, LB 626, § 26;
Laws 1991, LB 253, § 29.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-227 - Authority; public members; terms; vacancies; removal.

58-227.
Authority; public members; terms; vacancies; removal.
Of the six public members first appointed to the authority, three shall be appointed to terms of office expiring on January 15, 1985, and the remaining three to terms of office expiring on January 15, 1987. All subsequent appointments shall be for terms of four years. Vacancies in the public membership of the authority shall be filled for the unexpired term by appointment by the Governor. Each member shall hold office for the term of his or her appointment and until his or her successor shall have been appointed and qualified. Any public member shall be eligible for reappointment. Any public member may be removed from office for incompetency, neglect of duty, or malfeasance in office by the Governor or by an affirmative vote by any six members of the authority.
Source
Laws 1983, LB 626, § 27.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-228 - Authority; chairperson; officers; expenses.

58-228.
Authority; chairperson; officers; expenses.
The Director of Economic Development shall be the chairperson of the authority. The members shall elect from among the membership a vice-chairperson and such other officers as they may determine. Members shall receive no compensation for their services but shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1983, LB 626, § 28;
Laws 1991, LB 253, § 30;
Laws 2020, LB381, § 51.
2023 Nebraska Revised Statutes › Chapter 58 - Money and Financing › 58-229 - Authority; quorum; vacancy; effect.

58-229.
Authority; quorum; vacancy; effect.
The powers of the authority shall be vested in the members. Five members of the authority shall constitute a quorum. The affirmative vote of at least five members shall be necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority.
Source
Laws 1983, LB 626, § 29;
Laws 1991, LB 253, § 31.