reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 9 - CONTINUING EDUCATION › Section 110-9-4 - Units and Carry-over

Current through June 17, 2024
9.4.1 The Board has
				final authority with respect to approval of courses, credit, unit value for
				courses, and other methods of earning continuing education credit. No
				pre-approval of offerings will be issued.
9.4.2 The conversion of other units of credit
				to actual hours is as follows:
9.4.2.1 One
				actual hour is equivalent to at least 50 minutes of instruction.
9.4.2.2 One semester credit hour of formal
				education is equivalent to 45 actual hours.
9.4.2.3 One quarter credit hour of formal
				education is equivalent to 30 actual hours.
9.4.2.4 With respect to Rule
				9.2.3.4, credit for teaching or
				presenting an activity may be credited double the number of actual hours.
				Credit is valid only for the first offering or presentation. Full-time faculty
				may not claim credit associated with their regular teaching duties.
9.4.2.5 Each published peer-reviewed paper or
				book in the licensee's area of professional practice is equivalent to 10 actual
				hours.
9.4.2.6 Each published paper
				or article which does not meet the requirements of Rule
				9.4.2.5 but is in the licensee's area
				of professional practice is equivalent to five actual hours.
9.4.2.7 Service as an officer in a
				professional or technical society is equivalent to two actual hours. Actual
				hours are not earned until the end of each year of service is completed.
				Participation on a professional or technical society's technical committee is
				equivalent to the actual hours spent on that committee.
9.4.2.8 A patent is equivalent to 10 actual
				hours.
9.4.2.9 Licensees
				participating in the development of items for NCEES or NCARB examinations is
				equivalent to 15 actual hours per calendar year.
9.4.2.10 With respect to rule
				9.2.3.10, serving on a ABET/EAC- or
				NAAB-accreditation program evaluating team is equivalent to 15 actual hours per
				evaluation.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 9 - CONTINUING EDUCATION › Section 110-9-5 - Recordkeeping

Current through June 17, 2024
9.5.1 Every architect and professional
				engineer is responsible for maintaining records necessary to support credits
				claimed for continuing education. Records required include, but are not limited
				to:
9.5.1.1 A log showing the type of
				activity claimed, sponsoring organization, location, duration, instructor's or
				speaker's name, and unit credits earned;
9.5.1.2 Attendance verification records in
				the form of completion certificates or other documents supporting evidence of
				attendance; or
9.5.1.3 Records
				relating to continuing education that are maintained by NCEES, NCARB, or other
				organizations may be accepted by the Board as evidence of completion of the
				continuing education requirements.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 9 - CONTINUING EDUCATION › Section 110-9-6 - Exemptions and Waiver

Current through June 17, 2024
9.6.1 Architects
				and professional engineers may be exempt from the continuing education
				requirements for one of the following reasons:
9.6.1.1 Architects and professional engineers
				licensed by examination or comity are exempt for their initial renewal period.
				Architects who complete more than 24 acceptable hours and professional
				engineers who complete more than 30 acceptable hours in their initial renewal
				period are eligible to carry over excess continuing education credits, subject
				to the limitations described in this chapter.
9.6.1.2 Contingent upon approval from the
				Board or Executive Director:
9.6.1.2.1
				Architects and professional engineers serving on active duty in the armed
				forces of the United States or any state for a period of time exceeding 120
				days in each calendar year of their renewal period are exempt from obtaining
				the continuing education hours required during that renewal period.
9.6.1.2.2 Architects and professional
				engineers serving on active duty in the armed forces of the United States or
				any state for a period of time exceeding 120 days in only one calendar year of
				their renewal period require 15 actual hours of engineering-related learning at
				the time of license renewal if licensed as a professional engineer, or 12
				actual hours of architectural-related learning if licensed as an
				architect.
9.6.1.2.3 Licensees must
				submit military orders or other supporting documentation to the Board as proof
				that they qualify for exemption from the continuing education
				requirements.
9.6.1.3
				Architects and professional engineers experiencing physical disability,
				illness, or other extenuating circumstances as reviewed and approved by the
				Board may be exempt. Supporting documentation must be furnished to the
				Board.
9.6.1.4 Architects and
				professional engineers who have elected emeritus status are exempt from the
				continuing education requirement. In the event such a person elects to have
				their license to practice reinstated, continuing education hours must be earned
				for each year of emeritus status before the license will be reinstated, but not
				to exceed 24 hours for architects or 30 hours for professional engineers. Such
				credits must be earned in accordance with the restrictions related to
				continuing education requirements.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 9 - CONTINUING EDUCATION › Section 110-9-7 - Audits

Current through June 17, 2024
9.7.1 The Board may audit any licensee for
				compliance with continuing education requirements. In addition, the Board will
				establish a number of licensees, to be selected at random but not to exceed
				five percent of the total number of licensees, to submit documentation
				verifying compliance with the continuing education requirement.
9.7.2 Board staff is authorized to review,
				verify, and approve continuing education audit submittals. Submittals that
				raise significant questions of acceptability will be forwarded to the Board for
				final determination.
9.7.3 If the
				Board disallows any of the continuing education hours claimed, the applicant
				must, within 60 days after notification of disallowance, substantiate the
				original claim or to earn other credit to satisfy the continuing education
				requirement. Extension of time may be granted by the Board on an individual
				basis but must be requested by the licensee within 30 days after notification
				of disallowance, and may not exceed an additional 60 days.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-2 - Definitions; Neb Rev. Stat. Sections 81-3449 and 81-3453

Current through June 17, 2024
The following definitions may be used as an adjunct to that
				  reference:
10.2.1 Above-grade Finished
				Space: For single-family through 4-dwelling units; this includes all enclosed,
				potentially-habitable area on any level, up to a maximum of three
				levels.
10.2.2 Detached sheds or
				storage buildings and attached or detached garages, up to a maximum of three
				stalls, are exempted from the area calculations for Residential
				occupancies.
10.2.3 Occupancy
				Classification relates to the type of occupancy as defined in the state
				building code.
10.2.4 Building area
				shall be as defined in the state building code.
10.2.5 Farm building shall be defined as an
				agricultural building is defined in the state building code.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-3 - Statutory Exemptions to the Engineers and Architects Regulation Act

Current through June 17, 2024
Notwithstanding other provisions of the E&A Act, persons
				  who are not licensed architects or professional engineers may perform planning
				  and design services in connection with any building, structure, or work as
				  indicated below:
OCCUPANCY CLASSIFICATION
MAXIMUM BUILDING AREA
10.3.1 A - Assembly
								......................................................
Less than 1,000 square feet
10.3.2 B - Business
								.......................................................
Less than 3,000 square feet
10.3.3 E - Educational
								...................................................
Less than 1,000 square feet
10.3.4 F - Factory
								..........................................................
Less than 5,000 square feet
10.3.5 H - Hazardous
H-1, H-2, H-3, H-4
								...............................................
Less than 2,000 square feet
H-5
								......................................................................
Less than 4,000 square feet
10.3.6 I - Institutional
I-1 Personal care
								.................................................
Less than 3,000 square feet
I-2 Healthcare
								.....................................................
Less than 5,000 square feet
I-3 Detention
								.......................................................
Less than 3,000 square feet
I-4 Day care
								........................................................
Less than 2,000 square feet
10.3.7 M - Mercantile
								.....................................................
Less than 3,000 square feet
10.3.8 R - Residential
R-1, R-2, R-4
								........................................................
Less than 4,000 square feet
R-3 single family through four-plex
								......................
Less than 10,000 square feet
10.3.9 S - Storage
								..........................................................
Less than 5,000 square feet
10.3.10 U - Utility
								.............................................................
Less than 5,000 square feet
10.3.11 Any structure which contains two or more
								occupancies is governed by the most restrictive occupancy for the purpose of
								utilizing Rule
								10.3.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-4 - Renovations and One-Level Additions

Current through June 17, 2024
10.4.1 Renovations
				and one-level additions to an existing building, structure, or work are exempt
				from the E&A Act if:
10.4.1.1 The total
				adversely impacted area is less than the area set by Section
				10.3 of this Chapter; and
10.4.1.2 The area of renovation or addition
				does not adversely impact the mechanical system; the electrical system; the
				structural integrity; the means of egress; and does not change or come into
				conflict with the occupancy classification of the existing or adjacent tenant
				space, building, structure or work. If the renovation or addition adversely
				impacts other areas, the additional areas that are adversely impacted shall be
				included in the occupancy and building area calculations set by Section
				10.3 of this
				Chapter.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-5 - The Practice of Engineering and Architecture

Current through June 17, 2024
10.5.1 The
				development and utilization of construction means and methods such as
				schedules, work plans, work orders and directions, procedures, construction
				calculations, selection, provision and use of temporary facilities in support
				of construction activities, reports, selection and use of safety procedures and
				facilities, instructions and similar items customarily used by contractors to
				implement construction work designed by licensed persons does not constitute
				the practice of engineering or architecture.
10.5.2 The preparation by employees of
				construction companies of ancillary drawings and data, such as field details,
				shop drawings, product data, conceptual drawings, calculations, diagrammatic
				instructions and similar documents and information, which are typically
				utilized to implement the construction of a facility designed by a licensed
				person does not constitute the practice of engineering or
				architecture.
10.5.3 The
				performance of field layout and installation work by employees of construction
				companies on projects designed by a licensed person or persons, including
				construction work such as field staking and measurement; installation of
				material or equipment at designed locations or locations selected in the field;
				field fitup and modification work; and layout of construction installation and
				support work does not constitute the practice of engineering or
				architecture.
10.5.4 The estimate
				of the cost of construction work (including the extent of the cost of changes
				in the work) by construction companies including such things as preparing and
				reviewing preliminary concepts of the project, identifying the scope of the
				construction work, preparing preliminary schedules and sequences for the
				construction work, and evaluating the estimates of subcontractors and
				suppliers, does not constitute the practice of engineering or
				architecture.
10.5.5 The
				performance of work customarily involved in project management of construction
				work on projects designed by licensed persons does not constitute the practice
				of engineering or architecture. Examples would be:
10.5.5.1 The evaluation of the project and
				its budget;
10.5.5.2 Services
				relating to financing the project;
10.5.5.3 Recommendations on construction
				feasibility, timing of design and construction, and factors relating to
				construction costs such as alternative designs prepared by a licensed
				professional;
10.5.5.4 Procurement
				of labor and materials;
10.5.5.5
				Coordination and evaluation of subcontractor performance;
10.5.5.6 Preparation of schedules;
10.5.5.7 Estimating the project
				costs;
10.5.5.8 Performing
				construction work; and
10.5.5.9
				Reporting on the progress and costs of the work.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-6 - Building Officials

Current through June 17, 2024
Notwithstanding these exemptions, the responsible building
				  official may require plans and specifications to be designed and prepared by an
				  architect and/or professional engineer if the official finds a hazard to life,
				  health, safety, or welfare due to the unusual circumstances of the building or
				  structure or an unusually large number of potential occupants in relation to
				  square footage for a particular occupancy.
Nebraska Administrative Code › Topic - ENGINEERS AND ARCHITECTS › Title 110 - BOARD OF ENGINEERS AND ARCHITECTS › Chapter 10 - EXEMPTIONS; CLARIFICATION › Section 110-10-7 - Emergency Services

Current through June 17, 2024
A person who is not currently licensed in this state, but who
				  is currently licensed in another jurisdiction in the United States, may provide
				  uncompensated (other than reimbursement of expenses) professional services at
				  the scene of a declared emergency at the request of a public officer acting in
				  an official capacity.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 1 - SCOPE OF ACTIVITIES › Section 137-1-001 - CONFLICT OF INTEREST

Current through June 17, 2024
001.01
AGENCY DIRECTOR ABSTENTIONS.
Any board member who is
				also a director of a state agency shall abstain from voting on applications
				where more than 50% of the value of grant award accrues to the agency as
				primary, tangible benefits. Grant funds administered by the agency and passed
				through to other grant recipients are not considered to accrue value to the
				agency.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 2 - ENDOWMENT FUND › Section 137-2-001 - SOLICITATION OF GIFTS, GRANTS, BEQUESTS, ROYALTIES AND DONATIONS

Current through June 17, 2024
The Board may establish a fundraising plan and may review the
				  plan at least annually. No solicitation of gifts, grants, bequests, royalties,
				  or donations will be conducted outside of this plan, without approval of the
				  Board.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 2 - ENDOWMENT FUND › Section 137-2-002 - RECEIPT OF GIFTS, GRANTS, BEQUESTS, ROYALTIES AND DONATIONS

Current through June 17, 2024
002.01 The Board may accept any gift, grant,
				bequest, royalty, or donation specifically designated for restricted purposes
				or projects which fall within the scope and purpose of the Nebraska
				Environmental Trust Act, except that the Board will not accept title to or
				legal interest in real property. The Board may establish a dollar value below
				which it will not accept specifically designated gifts. The Board may refuse
				any gift, grant, quest, royalty, or donation at its sole discretion. The Board
				shall seek approval by the Governor of any gift or bequest of personal property
				in excess of $10,
				000.00.
002.02 The Board may establish policies for
				the management of assets credited to the Funds subject to provisions of
				statute. Before adopting such policies, the Board shall hold at least one
				public meeting where the public is offered the opportunity to comment on the
				policies.
002.03 Gifts of cash,
				including bank notes, checks, money orders, currency or other legal tender,
				will be credited to the Fund designated by the donor, if any. If the donor does
				not designate a Fund, the gift will be credited to the Endowment
				Fund.
002.04 The value of gifts,
				other than cash, will be credited to the Fund designated by the donor, if any.
				If the donor does not designate a fund, the gift will be credited to the
				Endowment Fund.
002.05 The
				Executive Director, on behalf of the Trust, may accept any gift of cash broadly
				designated for the purposes of the Trust. The Executive Director will not
				accept any specifically designated or restricted gift of cash or any gift other
				than cash without prior approval of the Board or a committee designated by the
				Board to act in its stead.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 2 - ENDOWMENT FUND › Section 137-2-003 - ALLOCATION OF RECEIPTS AND PROCEEDS

Current through June 17, 2024
003.01 The
				Executive Director will prepare an annual statement of all gifts, grants,
				bequests, royalties, and donations to the Funds for the prior fiscal year. The
				statement will indicate donor Fund designations, if any. The statement will
				include a report of any earnings on gifts, grants, bequests, royalties,
				donations, or investments available for allocation by the Board.
003.02 The Board may allocate each fiscal
				year an amount from the Endowment Fund to the Trust Fund for projects which
				conform to the funding categories of the Board to the extent that the Board
				determines those projects have merit. The amount of this allocation shall not
				include the principal of any grants previously made from the Trust Fund to the
				Endowment Fund from proceeds originally credited to the Trust Fund pursuant to
				Nebraska Revised Statute §
									9-812.
003.03 The Board may award a grant each
				fiscal year from the Trust Fund to the Endowment Fund. The grant may not exceed
				two hundred percent (200%) of all other proceeds credited to the Endowment Fund
				in that year and may not exceed fifty percent (50%) of the total proceeds
				credited to the Trust Fund pursuant to Nebraska Revised Statute §
									9-812 for that year. Grant awards
				allocated to the Endowment Fund from the Trust Fund shall remain invested in
				the Endowment Fund and shall not be reallocated.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 3 - APPLICATION PROCESS › Section 137-3-001 - FORM OF APPLICATION AND ACCOMPANYING MATERIALS

Current through June 17, 2024
An applicant for financial assistance from the Trust shall
				  comply with prevailing application method(s) approved by the Board no later
				  than three (3) months prior to the submission deadline. The application shall
				  be complete in every aspect at the time of submittal and may include additional
				  information to demonstrate the project's eligibility for funding.
001.01 The Executive Director shall review
				each application submitted and shall determine whether the application is
				substantially complete for initial review. The Executive Director shall review
				the eligibility criteria to provide an eligibility recommendation to the Grants
				Committee. The Grants Committee of the Board shall review each such application
				and shall make a preliminary recommendation of approval or rejection of the
				proposal for eligibility based on the recommendation of the Executive
				Director.
001.02 For any
				application, the Grants Committee will determine whether further information
				will be needed to evaluate the eligibility of the proposal. If additional
				information is needed, the Executive Director will so notify the applicant, and
				provide a reasonable time period for submission of the additional
				material.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 3 - APPLICATION PROCESS › Section 137-3-002 - TIMEFRAME FOR FILING AND REVIEW

Current through June 17, 2024
All applications shall be filed by the dates set by the Board
				  as part of the adopted calendar for the application and review processes. All
				  necessary reviews of each application shall also be completed in accordance
				  with that calendar.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-001 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
To be eligible for consideration in the rating processes for
				  funding, the applicant's proposed project must be consistent with the following
				  criteria for eligibility as described in Sections 001 to 006 of this
				  Chapter.
001.01
PROHIBITION AGAINST FUNDING REGULATORY MANDATES.
001.01(A) Regulatory means to control,
				direct, or govern.
001.01(B)
				Regulations means only those rules codified in the Nebraska Administrative
				Code.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-002 - ENVIRONMENTAL ACCEPTANCE

Current through June 17, 2024
A project is considered to be environmentally acceptable
				  when:
002.01 The project will not
				jeopardize the continued existence of any threatened or endangered species or
				result in the destruction or modification of the critical habitat of any such
				species and shall meet the requirements contained in the Nongame and Endangered
				Species Conservation Act, Nebraska Revised Statute §
									37-801; and
002.02 The plan of development minimizes any
				adverse impacts on the natural environment, adequately addresses existing
				cultural resources and results in environmental net gain.
002.03 In addition to any proposed mitigation
				measures, all aspects of the project which can be anticipated to result in
				environmental enhancement shall be considered in determining whether the plan
				minimizes adverse impacts. The Board may request additional information it
				deems necessary in determining environmental acceptability. The applicant, if
				required by the Board, will be provided a reasonable period of time to respond
				to requests for information and such other items as the applicant of the Board
				identifies as relevant to the issued of environmental acceptance.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-003 - CLEAR AND DIRECT ENVIRONMENTAL BENEFITS

Current through June 17, 2024
A project will be considered to have clear and direct
				  environmental benefits if the realization of those benefits can be reasonably
				  expected, as a result of the project and if those benefits will be obvious. The
				  application will need to describe the environmental benefits anticipated as a
				  result of the project and how those benefits will be clearly and directly
				  attained. Environmental benefit can be achieved through the contribution of
				  assets and services that enhance the capability of communities and individuals
				  to conserve, enhance, and restore the natural physical and biological
				  environment in Nebraska, including the air, land, ground water and surface
				  water, flora and fauna, prairies and forests, wildlife and wildlife habitat,
				  and natural areas of aesthetic or scenic values.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-004 - CONTRIBUTION TO ACHIEVE THE BOARD'S FUNDING CATEGORIES

Current through June 17, 2024
Only those projects which contribute to the existing
				  environmental categories established pursuant to the Nebraska Environmental
				  Trust Act shall be eligible for financial assistance.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-005 - PUBLIC BENEFITS

Current through June 17, 2024
For a project to be eligible for funding assistance, it must
				  produce public, not just private, benefits. The public benefit must be greater
				  than the private benefit. The project must be implemented and completed in
				  Nebraska. Public access is a public benefit.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 4 - CRITERIA FOR ELIGIBILITY › Section 137-4-006 - FINANCIAL AND TECHNICAL FEASIBILITY

Current through June 17, 2024
Financial and technical feasibility may be evaluated by
				  subcommittees, contractual assistance or advisory groups. The standards for
				  each of these factors are as set out below:
006.01
FINANCIAL
				FEASIBILITY.
A project is financially feasible if sufficient funds
				will be made available to complete the project, as described in the
				application, and to maintain and operate any tangible component of the project
				for its useful life or until disposal. Each applicant shall submit a project
				budget identifying the nature and amount of each source of funds to be used to
				carry out the project; a schedule indicating when such funds will be received;
				and a schedule indicating when the funds available will be expended to carry
				out the project. Additional financial data may be supplied by the
				applicant.
006.02
TECHNICAL FEASIBILITY.
A project that is structural in
				nature shall be considered technically feasible when it can and will be
				designed, constructed, and operated utilizing accepted engineering and other
				technical principles and concepts to accomplish the purpose(s) for which it was
				planned. A project which is nonstructural in nature shall be considered to be
				technically feasible when it can and will be designed and carried out to
				accomplish the purpose(s) for which it was planned.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 5 - EVALUATING PROPOSALS FOR ELIGIBILITY › Section 137-5-001 - ELIGIBILITY REVIEW

Current through June 17, 2024
Upon receipt of all application material, the Executive
				  Director shall submit the application to the Grants Committee of the Board
				  appointed by the Chairperson and any technical advisory committee(s)
				  established by the Board for final eligibility review. The Grants Committee and
				  Advisory Committees members shall complete their reviews so that the
				  application may be considered in accordance with the calendar established
				  annually by the Board. The Grants Committee or any technical advisory committee
				  member may request the Executive Director to obtain additional information from
				  the applicant.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 5 - EVALUATING PROPOSALS FOR ELIGIBILITY › Section 137-5-002 - GRANTS COMMITTEE ACTION

Current through June 17, 2024
After receiving comments from any technical advisory
				  committee reviewing an application, the Grants Committee shall make the
				  following recommendations to the Board:
002.01 Any conditions which the Grants
				Committee recommends be placed on the project to ensure its consistency with
				the objectives of the Trust Fund and with other state policies, plans, and
				programs.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 5 - EVALUATING PROPOSALS FOR ELIGIBILITY › Section 137-5-003 - REQUIRED FINDINGS

Current through June 17, 2024
Prior to making any recommendation to the Board for approval
				  of a project for funding eligibility, the Grants Committee shall determine that
				  the project is consistent with the requirements.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 5 - EVALUATING PROPOSALS FOR ELIGIBILITY › Section 137-5-004 - ELIGIBILITY FINDINGS COMBINED WITH RECOMMENDED RATINGS

Current through June 17, 2024
The Grants Committee shall make the recommendations to the
				  Board on project eligibility in accordance with this chapter and at the same
				  time provide the Board with a preliminary ranking list for all
				  projects.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 5 - EVALUATING PROPOSALS FOR ELIGIBILITY › Section 137-5-005 - ACTION BY THE BOARD ON ELIGIBILITY RECOMMENDATIONS

Current through June 17, 2024
The Board may adopt or revise and adopt the recommendations
				  of the Grants Committee. For each project for which eligibility is established
				  by the Board, the Board shall also establish the total amount of money for
				  which the project is eligible if it receives sufficient ranking for funding.
				  Projects determined eligible for funding by the Board shall not be entitled to
				  any funds until they have been subjected to the ranking processes and have
				  received sufficient ranking for funding given the funds
				  available.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 6 - PROJECT RANKING SYSTEMS › Section 137-6-001 - Eligibility Review

Current through June 17, 2024
Pursuant to this Chapter and the factors set forth herein,
				  the Executive Director shall prepare Project Ranking Systems to be used to rank
				  all applications which are eligible. The Project Ranking Systems shall be
				  approved by an affirmative vote of the Board after public hearing. Similarly,
				  any subsequent amendments to a Project Ranking System shall be approved by an
				  affirmative vote of the Board after public hearing.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 6 - PROJECT RANKING SYSTEMS › Section 137-6-004 - Eligibility Findings Combined With Recommended Ratings

Current through June 17, 2024
Projects which are funded as multi-year projects may be
				  exempted from the ranking process by the Board for the duration of the project
				  or for up to the next two annual rankings following the ranking in which the
				  initial commitment to the project is made provided that annual evaluations of
				  progress toward project goals are submitted and accepted by the Executive
				  Director. No commitment may exceed three years without formal action by the
				  board to renew the grant or contract.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-001

Current through June 17, 2024
After the evaluation of applications for eligibility, all
				  eligible projects shall be ranked according to the Project Ranking System
				  established and adopted by the Board for the competition to which the
				  application was submitted.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-002

Current through June 17, 2024
Preliminary ranking shall be performed by the Grants
				  Committee of the Board appointed by the Chairperson. In deciding the assignment
				  of points for each eligible project, the Committee shall do so in a manner
				  which provides a fair comparison of projects regardless of cost. More expensive
				  projects shall not receive additional points just because they are larger in
				  scale. Points shall be assigned with consideration of the anticipated effects
				  of the project relative to its costs. The Committee may request assistance from
				  the Executive Director to the extent necessary to evaluate each
				  proposal.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-003 - Ranking Factors

Current through June 17, 2024
The Grants Committee may request additional information from
				  any applicant in written form. All additional supplements shall be in writing
				  and signed by the applicant.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-004

Current through June 17, 2024
The Grants Committee shall report the results of the ranking
				  process to the Chairperson by the date established therefore on the calendar
				  approved annually by the Board. The report shall indicate the results of the
				  ranking process with the highest scoring project at the top of the list along
				  with the number of points scored and the amount of funding recommended to be
				  approved. Lower ranked projects shall follow in sequential order showing the
				  same information for each.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-005

Current through June 17, 2024
Upon receipt of the Grants Committee report, the Chairperson
				  shall call a meeting of the Board to adopt or revise and adopt the Committee
				  report and schedule a public hearing on the proposed funding
				  list.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-006

Current through June 17, 2024
After the public hearing is conducted on the proposed funding
				  list, the Board may take action on actual funding. If the Board decides that
				  any proposed project does not have sufficient merit to justify funding from the
				  Trust, the Board may choose not to fund the project notwithstanding its
				  consistency with eligibility criteria or its final ranking. The proposed list
				  may be revised after the public hearing only with the approval of a majority of
				  Board members present.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 7 - RANKING ELIGIBLE PROJECTS FOR FUNDING › Section 137-7-007

Current through June 17, 2024
Notwithstanding ratings determined in this Chapter, no
				  allocation of funds shall be made for remediation in a manner inconsistent with
				  Nebraska Revised Statute §
									81-15,176(2)(b).
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-001

Current through June 17, 2024
After the Board takes action to award grants to specific
				  projects, the Executive Director shall begin notification procedures. The
				  Executive Director shall also prepare grant documents for disbursement in
				  accordance with this Chapter.
001.01
				Grant documents shall include a notice of grant award, a disbursement schedule,
				standard conditions, and any special conditions all of which will be included
				in a grant contract to be signed by the grantee.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-004

Current through June 17, 2024
The grant period shall be a set period of time designated in
				  the grant documents based upon activities approved for grant funding. All grant
				  funds shall be expended in accordance with conditions of the grant. Any
				  unexpended funds remaining after the grant period shall be returned by the
				  grantee to the Fund.
004.01 All
				interest earned by grant funds shall be considered a part of the grant and,
				therefore, is subject to all of the requirements of the grant.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-005

Current through June 17, 2024
Any grant contract which includes the transfer or acquisition
				  of real property which is taxable before such transfer or acquisition shall
				  specify a mechanism to address the continued payment of property taxes or
				  payments in lieu of property taxes.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-006

Current through June 17, 2024
Any grant contract which includes a construction project may
				  require, but not be limited to, the following special conditions:
006.01 Final plans and specifications shall
				be approved by the Executive Director. The Executive Director may require that
				plans and specifications be stamped by a Professional Engineer registered to
				practice in the State of Nebraska.
006.02 A construction schedule including
				commencement of construction; accountability for inspection during
				construction; construction completion; and initiation of operation (if
				applicable).
006.03 The Executive
				Director may provide a contingency within the grant for change orders.
006.03(A) All change orders must be approved
				by the Executive Director in a manner set out within the grant
				contract.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-007

Current through June 17, 2024
The applicant shall assure the Executive Director that all
				  legal requirements have or can be met prior to the allocation of funds. Legal
				  information may include the following as appropriate for the project, this list
				  is not exclusive to other necessary information:
007.01 If the applicant is a governmental
				entity, citation(s) to the legal authorities relied upon by the applicant to
				undertake or participate in the project.
007.02 An explanation, with appropriate
				documentation of legal authorities, of the applicant's intention to finance
				that part of the project for which assistance from the fund is not
				requested.
007.03 A showing that
				the applicant has or can acquire any necessary land rights or water
				rights.
007.04 Copies of any
				available proposed or executed contracts or bids for construction or consultant
				services necessary for completion of the project which would help document the
				project's estimated costs.
007.05 A
				listing of any permits, licenses, or other approvals required for the project,
				their current status, and the estimated schedule for compliance.
007.06 An explanation of the applicant's plan
				to require consultants, contractors, and subcontractors to obtain liability
				insurance or bonding to ensure the proper design and construction of the
				project, as applicable.
007.07 An
				analysis of the applicant's potential liability for damages because of the
				project including failure of structural measures and an explanation of the
				applicant's plan to protect itself from any such liability.
007.08 Such other information, plans, and
				specifications as requested by the Executive Director or the Board and are
				reasonably necessary to confirm the applicant's authority.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-009

Current through June 17, 2024
The grantee shall keep financial records for the project and
				  shall submit periodic progress reports as required to the Executive Director
				  during the grant period. At the end of the grant period, the grantee shall
				  submit a final financial report summarizing the project. If a survivability
				  clause was in the grant award contract, a separate legal instrument for those
				  items identified in the grant contract may be required to close out the grant
				  contract. Failure to submit the progress reports may be considered a violation
				  of the grant contract. The progress report shall include, but not be limited
				  to:
009.01 A comprehensive expenditure
				report of all grant funds, including any interest earned on grant funding by
				line item, and all other income utilized to carry out the project.
009.02 Copies of all receipts for
				expenditures of grant funding and expenditures of all interest earned on grant
				funding.
009.03 An inventory of all
				equipment or personal property purchased with grant funding including model
				number and serial number; and
009.04 Any additional information
				required.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-010

Current through June 17, 2024
If a grantee wishes to modify a project other than one
				  covered by Section 006 above, the grantee must submit a proposed amendment to
				  the grant contract including a revised line-item budget. The proposed amendment
				  must be submitted to the Executive Director at least thirty (30) days prior to
				  the requested changes with an explanation of need. The Executive Director will
				  then either approve or deny the proposal and inform the grantee in writing of
				  his or her decision. The request will require Nebraska Environmental Trust
				  Board approval if over $10,000.
010.01
				Any expenditure of grant funds not in accordance with the grant contract and
				not pursuant to the process set out in Section 008 may be considered a
				violation of the grant requirement.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-012

Current through June 17, 2024
Failure by the grantee to comply with these regulations or
				  with the grant contract may result in a revocation of the grant, a withholding
				  of grant disbursements or a requirement to reimburse the fund for money already
				  disbursed under the contract.
012.01
				Prior to any action under Section 012 by the Executive Director, there shall be
				a written notice to the grantee explaining the intended action and the reason
				it may be taken. The grantee shall have fifteen (15) days to respond to the
				notice and may request an informal meeting with the Executive Director within
				that time frame. After fifteen (15) days have expired, the Executive Director
				may proceed with his or her action under Section 012.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-013

Current through June 17, 2024
In addition to financial progress reports as required in
				  Section 009, grantees shall submit annual reports to the Board. The Board shall
				  conduct annual reviews of existing projects for compliance with the project
				  goals and grant requirements through reports provided by grantees and staff.
				  Annual reports shall be due as specified in the grant
				  contract.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 8 - GRANT ADMINISTRATION › Section 137-8-014

Current through June 17, 2024
The Executive Director shall conduct periodic financial
				  audits of projects at a frequency as determined by the Executive Director.
				  Audits shall be performed to ensure proper use of grant funds and to determine
				  compliance with these regulations and with the grant contract.
014.01 Grantees shall retain all records
				related to a project and shall allow access to the records by the Executive
				Director or his or her designee during regular business hours or at any
				reasonable hour of the day.
014.02
				The grantee shall allow access for inspection of any equipment, property, or
				other tangible object for which grant funds were expended to the Executive
				Director or his or her designee.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 9 - DEFINITIONS › Section 137-9-001 - CALENDAR

Current through June 17, 2024
CALENDAR
shall mean the calendar
				  established each year by the Board to set out various deadline dates relating
				  to establishment of funding categories, receipt and review of grant
				  applications, and allocation of grants.
Nebraska Administrative Code › Topic - ENVIRONMENTAL TRUST › Title 137 - NEBRASKA ENVIRONMENTAL TRUST BOARD RULES AND REGULATIONS › Chapter 9 - DEFINITIONS › Section 137-9-004 - PRIMARY, TANGIBLE BENEFITS

Current through June 17, 2024
PRIMARY, TANGIBLE BENEFITS
shall
				  mean a project's net values, expressed in monetary terms, of increases in
				  products and services and of reductions in costs, damages, or losses of primary
				  beneficiaries.