Natural Resources Committee

January 21, 2026

Committee Chair: Sen. Tom Brandt | Bills Heard: 3 | Full Transcript (PDF)

LB759: Department of Water, Energy, and Environment cleanup and technical corrections bill

Introduced by: Sen. Tom Brandt | Testimony: 0 proponents, 0 opponents, 0 neutral

Department seeks streamlined access to private land for Perkins County Canal surveys. LB759 grants the Department of Water, Energy, and Environment authority to enter private property for surveys and geotechnical work on the Perkins County Canal Project without requiring costly condemnation proceedings or access agreements.

Why it matters: The bill balances state infrastructure needs with private property protections. Director Bradley testified that a couple of landowners have demanded substantial fees for temporary access, creating inefficiencies. The measure mirrors existing Department of Transportation authority for similar linear projects.

What they're saying: - Bradley: "We've had broad support from most folks in the area. It's just been opportunistic perhaps that those landowners were thinking they had an opportunity to get a pretty sizable check from us." - Sen. Conrad: Expressed concern about encroaching on private property rights and questioned whether existing surveyor statutes were sufficient. She also raised concerns about the Governor's proposed diversion of Perkins Canal funds. - Sen. Raybould: Requested explicit "notification to landowner" language be added to the bill to ensure transparency.

What's next: No vote was taken. The committee received two proponent letters and one opponent letter. Sen. Brandt indicated the department will add notification language and the bill may advance with amendments.

LB761: Fee adjustments for Department of Water, Energy, and Environment programs

Introduced by: Sen. Tom Brandt | Testimony: 0 proponents, 3 opponents, 2 neutral

Nebraska proposes first major fee increases in two decades for water and environmental programs. LB761 would raise well registration fees from $40 to $200, double livestock facility cost recovery from 20% to 40%, and authorize new hazardous waste and NPDES discharge permit fees—changes the department says are overdue and necessary to reduce General Fund reliance.

Why it matters: The bill would generate approximately $1.7 million annually for environmental programs while reducing pressure on the state's general budget. However, it represents significant cost increases for agricultural producers and municipalities already struggling with affordability challenges. The NPDES discharge fee is entirely new and has drawn particular concern from cities.

What they're saying: - Bradley: "These aren't fees that we're setting so that they're beyond the scope of what would be needed to support the people that do this work. These are simply just to pay for the level of services we provide." - Chaffin (League of Municipalities): "There is a lot of sympathy to the department charging some fees for this program... but the discussion amongst the cities was they were a little worried Section 5 is written very open-ended." - Mitchell (Pork Producers): "It's just a little bit of sticker shock, I would say, to go from 20% to 40% in one year." - Sen. Raybould: "It would be nice if there's a graduated increase rather than just this sharp increase that people can't anticipate and budget for."

By the numbers: Well registration fee increase generates $415,000 annually; livestock facility fees generate $300,000; hazardous waste changes eliminate $325,000 General Fund draw; total General Fund relief approximately $1.7 million annually.

What's next: No vote was taken. The committee received zero proponent letters, two opponent letters, and zero neutral testimony (though two groups testified in neutral capacity). Director Bradley indicated willingness to provide more detailed fiscal information and work with stakeholders on guardrails for NPDES fees.

LB760: Transfer of swimming pool, mobile home park, and recreation camp regulation to local governments

Introduced by: Sen. Tom Brandt | Testimony: 0 proponents, 0 opponents, 4 neutral

Bill would shift pool and recreation facility oversight from state to local governments, raising concerns about consistency and capacity. LB760 transfers regulatory authority for swimming pools, mobile home parks, and recreation camps to local governments while the state retains drinking water and wastewater oversight. The measure would allow approximately 950 public pools already inspected locally to continue under local authority, while shifting responsibility for roughly 550 others.

Why it matters: The bill aims to reduce state regulatory duplication and allow local governments to tailor requirements to their communities. However, public health experts warn that eliminating uniform statewide standards could create gaps in protection, particularly in rural areas and small municipalities lacking capacity or expertise. Nebraska has experienced serious pool-related disease outbreaks including Legionella and Cryptosporidium.

What they're saying: - Bradley: "Administration of these functions by local governments can be accomplished more efficiently and responsively with many local governments already fulfilling these roles." - Eschliman (Local Health Directors): "Without a clear pathway for local health departments to operate across their districts, implementation could default to dozens of separate jurisdictions interpreting and enforcing requirements independently." - Hanisch (Environmental Health Association): "When statewide standards become optional, requirements may vary by jurisdictions, creating uncertainty for operators and reducing the effectiveness of preventive oversight." - Holmes (Retired Health Official): "If pool operating standards and pool operator certification were eliminated, and there were no more inspections, outbreaks would almost surely increase."

By the numbers: Approximately 1,500 public swimming pools in Nebraska; about 950 already inspected by local governments; Two Rivers Public Health District serves 45 municipalities across 7 counties.

What's next: No vote was taken. The committee received two proponent letters, one opponent letter, and two neutral testimonies. Sen. Brandt indicated openness to amendments addressing local health department authority and requested the committee remain after adjournment for a brief announcement. Multiple testifiers requested statutory language explicitly authorizing local health departments and retaining statewide minimum standards.

Session Notes

The committee heard three bills introduced by Sen. Tom Brandt on behalf of the Department of Water, Energy, and Environment. Two gubernatorial appointments were also heard: Doug Zingula for reappointment as Game and Parks Commissioner (8 years of service, seeking third term) and Garfield Coleman for appointment to the Nebraska Environmental Trust Board. Both appointments received no proponent or opponent testimony. Sen. Brandt noted at the end of the hearing that he and Vice Chair Moser will be leaving the Legislature in 50 days. The committee chair requested members remain briefly after adjournment for an announcement.

Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.