By Mark Harberg, ASO Legislative Committee Co-Chair
The second session of the 109th Nebraska Legislative began on January 7th and is a 60-day session ending on April 17, 2026. The following are bills and resolutions that have been introduced:
LR1072: Governor’s 2026 budget adjustment bill for biennium 2025-2027 budget passed on April 1 and included a transfer of $11.1 million (down from proposed $40M) from the Nebraska Environmental Trust to the Water Recreation Enhancement Fund and the Water Resources Cash Fund administered by the Department of Water, Energy, and Environment.
LR298CA: This is a proposed constitutional amendment to preserve the intent and viability of the Nebraska Environmental Trust by requiring that all grants be awarded through a competitive process and by limiting state agencies use of the Nebraska Environmental Trust Fund. State agencies will be able to access Trust funds only if they provide a grant request that is granted in a competitive process, with evidence of a match for those funds of 50% from a political subdivision, the federal government, or private donors. This would prevent future fund transfers without applying for them and going through the competitive grant process. This resolution was “indefinitely postponed” by Senator Storer, effectively halting its progress for the 2026 session and it will therefore will not appear on the fall ballot.
LB823: Proposes to establish clear definitions that distinguish between controlled burning and prescribed burning as two distinct land management practices, and by mandating the tracking of approximate acreage during the permit and planning processes. Placed on “final reading” on March 11 which is the third and last step in the legislative process where it will be voted on by all senators prior to being sent to the Governor.
LB897: Allows municipalities and rural and suburban fire protection districts to charge a fee for the cost of extinguishing a fire to individuals who violate burn permit requirements. It also changes the penalty for violating burn permit requirements from a Class IV misdemeanor to a Class III misdemeanor. A hearing was held on February 11, 2026 and the bill awaits further action in the Judiciary Committee.
LB916: This bill gives authority to the Nebraska Oil and Gas Commission for approving applications for the construction of C02 pipelines and prohibits the use of eminent domain for the purposes of acquiring right-of-way, constructing C02 pipelines, and operating C02 pipelines. The bill also requires CO2 storage operators to obtain the consent of all persons who own reservoir estates within the storage reservoir. A hearing was held on January 28 2026.
LB1028: Creates standards for entities classified as large, concentrated animal feeding operations who apply large amounts of animal waste for fertilization purposes, in order to protect Nebraska's water resources, both underground and above ground, from contamination entering water resources. A hearing was held on February 19, 2026.
LB1026: Provides that electric suppliers shall not retire, shut down, cease operation of, or substantially alter the operation of an electric generation facility if the electric supplier has customers waiting for electric service except for the following reasons: 1) The facilities retirement is mandated by federal or state law; 2) The facility is mechanically unsafe to operate; 3) The facility is damaged beyond repair due to a natural disaster; 4) The continued operation of the facility is uneconomical. The bill was referred to the Natural Resources Committee, with a hearing on February 5, 2026.
The following are carryover bills from 2025:
LB 674: This bill would transfer $250 million from the Perkins County Canal Project Fund to the Water Sustainability Fund, transfer $250 million to the General Fund, and change the language to develop the Perkins County Canal Project from “shall” to “may”.
LR158: Conduct an interim study to determine the feasibility of the State of Nebraska assuming the administration of the designated Wild and Scenic River stretch of the Niobrara River- Valentine to Newport, Nebraska. Input regarding what should be included in the study can be provided to Mr. Tom Brandt, Chairperson of the Natural Resources Committee of the Nebraska legislature. A public hearing scheduled for September 2025 was cancelled and it this was not reintroduced this session.
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Photo: Nebraska State Capital by Warren Lemay
