Natural Resources Committee
February 12, 2025
Committee Chair: Sen. Tom Brandt | Bills Heard: 3 | Full Transcript (PDF)
LB309: Safe Battery Collection and Recycling Act
Introduced by: Sen. Jana Hughes | Testimony: 26 proponents, 3 opponents, 2 neutral | Read bill text (PDF)
Battery fires in Nebraska's waste stream could soon be managed by manufacturers, not taxpayers. Sen. Jana Hughes introduced LB309, which would create a battery stewardship organization funded by manufacturers to collect and recycle lithium-ion batteries that currently cause fires in garbage trucks, landfills, and recycling facilities.
Why it matters: Recycling facilities report 5,000 fires annually, with insurance costs rising tenfold. A single fire at an Omaha recycling center caused a fire captain to fall into a conveyor belt. The program costs nothing to Nebraska taxpayers or retailers.
What they're saying: - Proponents: "This is the first concrete solution I've ever seen" to battery disposal (Al Davis, Sierra Club). A Pennsylvania recycling facility burned to the ground at $30 million cost (Andy Pollock, Waste Connections). - Opponents: Over 90% of lithium-ion batteries are embedded in devices and won't be covered, so fires will persist (Rich Otto, Nebraska Retail Federation). Retailers face $10,000 per-instance penalties for selling non-compliant products despite not controlling manufacturer compliance.
By the numbers: 26 online proponents, 3 opponents, 2 neutral. Eleven states have passed similar legislation; 15 more are considering it this year.
What's next: No vote was taken. The bill remains in committee. Sen. Hughes offered AM219 to address NDEE administrative cost adjustments and indicated willingness to work with stakeholders on amendments.
Committee sentiment: Supportive: Sen. Brandt, Sen. Raybould Unclear: Sen. DeKay
Sentiment estimated from questions and comments — not stated positions.
LB590: Environmental Mitigation Banking and In-Lieu Fee Program Authority
Introduced by: Sen. Mike Moser | Testimony: 2 proponents, 1 opponents, 1 neutral | Read bill text (PDF)
Nebraska's highway department could soon pay conservation groups instead of buying land to protect endangered species. Sen. Mike Moser introduced LB590, which would let the Department of Transportation contract with third-party conservation organizations to perform environmental mitigation for highway projects, rather than NDOT purchasing and managing mitigation land itself.
Why it matters: Current practice delays projects and locks NDOT into perpetual land ownership. Contractors testify they're forced to haul dirt 50-60 miles because burying beetle regulations prevent local borrow pits, inflating project costs. Thirty-six states already use this approach.
What they're saying: - Proponents: "Their passion is doing this. For the Department of Transportation, they build roads" (Sen. Moser). Contractors could use in-lieu fees "pennies on the dollar" compared to hauling materials long distances (Rob Wemhoff, Associated General Contractors). - Neutral: Game and Parks expressed concern about definitions and potential conflicts of interest. Sierra Club worried mitigation on already-protected lands may not benefit species where impacts occur.
By the numbers: 2 online proponents, 1 opponent, 1 neutral. Thirty-six states and D.C. have in-lieu fee programs.
What's next: No vote was taken. An amendment clarifying definitions is pending. Sen. Moser indicated willingness to work with Game and Parks on language addressing their concerns.
Committee sentiment: Supportive: Sen. Hughes, Sen. Raybould, Sen. Brandt Unclear: Sen. DeKay
Sentiment estimated from questions and comments — not stated positions.
LB105: Public Power District Voting Subdivision Boundaries
Introduced by: Sen. Jana Hughes | Testimony: 1 proponents, 1 opponents, 1 neutral | Read bill text (PDF)
Rural Nebraska power districts could soon align voting boundaries with service areas instead of forcing non-customers to vote for their boards. Sen. Jana Hughes introduced LB105, which would allow public power districts to divide voting precincts without maintaining equal populations, provided the Power Review Board approves.
Why it matters: Current law requires districts to include entire voting precincts and counties, meaning customers of competing power districts can vote for boards that don't serve them. In one example, 600 Custer Public Power customers would be forced to vote for Dawson Public Power board members. About a dozen districts cannot update their charters or access bonding without this change.
What they're saying: - Proponents: "Board members of our public power districts should be customers of the power district they represent" (Sen. Hughes). The bill is urgent because districts face funding issues if they cannot update charters (Ellen Kreifels, Nebraska Rural Electric Association).
By the numbers: 1 proponent testified; 1 opponent and 1 neutral position recorded but did not testify.
What's next: No vote was taken. The bill includes an emergency clause due to the urgent need for charter updates. Sen. Hughes indicated openness to questions and support for advancing the bill to General File.
Committee sentiment: Unclear: Sen. Clouse, Sen. DeKay
Sentiment estimated from questions and comments — not stated positions.
Session Notes
Committee Chair Tom Brandt opened the hearing with procedural instructions regarding testifier sheets, time limits (5-minute green light system), and written position submission deadlines. The committee heard three bills. Sen. Hughes introduced two bills (LB309 and LB105) and testified on LB590. Weather prevented some planned in-person testifiers from attending LB309 hearing; 26 proponents submitted online comments. No votes were taken on any bills during this hearing. The committee will reconvene for further consideration of these bills.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.