Senators Introduce 34 Bills Impacting Agriculture, the Environment, Cannabis, and Natural Resources

The First Regular Session of the 109th Nebraska Legislature convened on January 8, 2025.  As of January 27, 2025, 77 legislative days remain in the session.  The Legislature will adjourn sine die on June 9, 2025.

Below are summaries of the 34 introduced bills that relate to agriculture, the environment, natural resources, and cannabis law.  A comprehensive chart of the bills of interest to this newsletter is available at the bottom of this article.

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AGRICULTURE

LB145 (Ibach) proposes to require the Director of Agriculture to administer a noxious weed grant program to restate the department’s intent regarding appropriations for vegetation management.  The bill would appropriate six million dollars ($6,000,000) each year for the management of vegetation within the banks or flood plain of a natural stream.  On January 15, 2025, the Legislature referred this bill to the Agriculture Committee.  The bill is set for a hearing on Tuesday January 28, 2025, in Room 1023 of the Capitol at 1:30 pm.

LB245 (DeKay) proposes to make several revisions to the Nebraska Pure Food Act.  First, the bill would eliminate various sections from the definition of the Food Code and eliminate various priority items under the same.  Next, it would raise the maximum fees for permits under the Act for various food establishments.  Finally, the bill would alter a portion of the notice requirements under section 81-2,274.  On January 16, 2025, the Legislature referred this bill to the Agriculture Committee.  The bill is set for a hearing on Tuesday February 4, 2025 in the Capitol.  Room number and time details are forthcoming.

LB246 (DeKay) would define “cultivated-protein food product” under the Nebraska Pure Food Act.  Then, the bill would list cultivated-protein food product as an example of adulterated food.  Finally, the bill would specify that if an entity manufactures, produces, imports, distributes, promotes, displays for sale, offer for sale, attempts to sell or sells any adulterated food in the course of business is guilty of a deceptive trade practice.  On January 16, 2025, the Legislature referred this bill to the Agriculture Committee.

LB372 (McKeon) proposes to remove the Agricultural Suppliers Lease Protection Act from the Public Service Commission’s general control over common and contract carriers engaged in the transportation of freight or passengers for hire or furnishing telecommunications for hire.  It would repeal several sections of the Act.  On January 21, 2025, the Legislature referred this bill to the Agriculture Committee.  The bill is set for a hearing on Tuesday January 28, 2025, in Room 1510 of the Capitol at 1:30 pm.

LB525 (Jacobson) proposes to adopt the Agricultural Data Privacy Act.  The bill aims to protect the privacy of agricultural producers in Nebraska by requiring written consent to process any person’s agricultural data and prohibit the sale of such data.  The bill would require processors and controllers of agricultural data to enlist specific safeguards to ensure the data remains protected and provides judicial remedies in the event of a breach.  On January 24, 2025, the Legislature referred this bill to the Banking, Commerce and Insurance Committee.

LB646 (Ibach) would amend the Livestock Brand Act to provide an exemption for certain feedlots.  The bill would allow the branding committee under the Act to permit approved feedlots to be exempt from branding requirements.  On January 24, 2025, the Legislature referred the bill to the Agriculture Committee.  The bill is set for a hearing on Tuesday February 11, 2025 in the Capitol. Room number and time details are forthcoming.

LB658 (Andersen) would provide labeling and advertising requirements for manufactured-protein food products.  The bill would consider manufactured-protein food products designed to resemble traditional agricultural food animal products as misbranded if not labeled conspicuously.  Similarly, the bill would consider manufactured-proteins falsely advertised without distinguishing identification when sold near animal proteins.  On January 24, 2025, the Legislature referred the bill to the Agriculture Committee.

ENVIRONMENT

LB147 (Hansen) would change provisions for the approval and regulation of adding fluoride to the water supply of certain political subdivisions.  The bill would require any public or private entity which provides a water supply for human consumption the option, but not requirement, of adding fluoride according to rules and regulations from the Nebraska Department of Health and Human Services.  On January 15, 2025, the Legislature referred this bill to the Health and Human Services Committee.

LB163 (Spivey) proposes to create a new Office of Climate Action.  The bill would create the Office of Climate Action within the Department of Environment and Energy to organize efforts and resources in support of climate action.  The bill tasks the Office with creating a climate action plan by July 2026 to manage the risks and reduce the causes of climate change.  Each year the Office would provide the Legislature with an annual report detailing the impacts of state legislation on climate change, the Office’s progress with stakeholders and other organizations, and the amount of federal dollars secured.  On January 15, 2025, the Legislature referred this bill to the Natural Resources Committee.  The bill is set for a hearing on Thursday January 30, 2025, in Room 1023 of the Capitol at 1:30 pm.

LB317 (Brandt) proposes to merge the Department of Natural Resources into the Department of Environment and Energy, creating the Department of Water, Energy, and Environment. As part of the transition, the bill would name the current Director of Environment and Energy as the Director of Water, Energy, and Environment, and would name the current Director of Natural Resources as the Chief Water Officer.

The bill would transfer all employees of the Department of Natural Resources to the Department of Water, Energy, and Environment.  Further, when an entity designates the Department of Natural Resources or the Department of Environment and Energy in a contract in connection with the functions of the Department of Water, Energy, and Environment, such reference will apply to the Department of Water, Energy, and Environment. All contracts the Department of Natural Resources or the Department of Environment and Energy entered into prior to July 1, 2025 that connect to the functions of the Department of Water, Energy, and Environment will transfer to the same as well.  On January 21, 2025, the Legislature referred this bill to the Natural Resources Committee.

proposes to adopt a new Regulatory Management Act which would create a new office and appoint a Director of Regulatory Management and staff to support other agencies in their regulatory functions.  The office would not have authority to reject the regulatory actions of other agencies, but could identify possible regulatory issues and public evaluations, reports, assessments, or other due diligence.  On January 23, 2025, the Legislature referred the bill to the Government, Military and Veterans Affairs Committee.

LB540 (Holdcroft) would change provisions of the Nebraska Apiary Act to create a Nebraska Apiary Advisory Board.  The bill would correct various beekeeping definitions of the Act and establish the required membership and appointment process of the Advisory Board.  The Advisory Board would provide feedback, identify research gaps, create actionable steps and plans, and work with the Legislature to achieve a healthy and sustainable bee population in Nebraska.  The bill also calls for a full-time educator position in the University of Nebraska Lincoln extension service to provide more resources to hobbyist and commercial beekeepers alike.  On January 24, 2025, the Legislature referred this bill to the Agriculture Committee.

LB590 () proposes to provide for a mitigation bank of in-lieu fee program relating to the incidental taking of a threatened or endangered species’ habitat.  The bill would provide compensatory mitigation through the Department of Transportation for the taking of suitable habitats arising out of permitted activities.  The bill would allow the Department to establish and restore suitable habitats and natural resources for endangered and threatened species and provide a streamlined and effective process for preventing future damage.  On January 24, 2025, the Legislature referred this bill to the Natural Resources Committee.

LB607 (Bostar) would adopt the Environmental Stewardship of Batteries Act, the Extended Producer Responsibility Data Collection Act, and the Minimum Recycled Content Act.  The bill would also modify provisions of the Integrated Solid Waste Management Act, the Environmental Protection Act, and the Waste Reduction and Recycling Incentive Fund.  The bill aims to modernize the handling of solid waste to address the proper disposal of batteries, packaging and recycled content requirements, and handling of hazardous waste.

The bill would establish an updated disposal fee structure and work to encourage residents of Nebraska to recover and reuse materials when possible, ensure proper handling and recycling of used batteries, and address the growing battery market.  If passed, the bill would also require entities selling or distributing batteries covered under the bill to participate in a Nebraska battery stewardship program beginning in 2027, with reporting requirements commencing in 2028.  The stewardship programs would establish performance goals to improve the rate of recycling and public awareness.  The bill does not require retailers of products containing batteries to provide battery disposal sites, but they must certify and mark products according to the Act.  The bill would also use the stewardship programs to help establish collection sites for used batteries throughout the state of Nebraska.

The bill also seeks to address packaging and recycled material requirements.  The bill would require manufacturers of certain products to appropriately mark packaging and meet annual postconsumer recycled content percentages in production.  The bill provides various carveouts and waivers for certain types of businesses.  Further, the bill would allow the Department of Environment and Energy to establish content percentages and collect annual registration fees and penalties from manufacturers to administer the program.

Lastly, the bill updates definitions under the Environmental Protection Act to better address the handling of hazardous waste in Nebraska.  On January 24, 2025, the Legislature referred the bill to the Natural Resources Committee.

LB638 (Ibach) proposes to change provisions of the Nitrogen Reduction Incentive Act.  The bill would require the Department of Natural Resources to apply for a grant of twenty-five million dollars ($25,000,000) from the Nebraska Environmental Trust Fund to be paid out in five installments for the purpose of supporting nitrogen-reducing projects.  On January 24, 2025, the Legislature referred the bill to the Agriculture Committee.

LR22CA (Dungan) proposes to provide a constitutional amendment which gives the right to a clean and healthy natural environment, and that state and political subdivisions serve as trustees of the natural resources of Nebraska.  On January 23, 2025, the Legislature referred the amendment to the Natural Resources Committee.

NATURAL RESOURCES

LB36 (Brandt) would amend the Wellhead Protection Area Act requiring notification to controlling authorities when any county, city, or village proposes land-use or zoning regulation changes in wellhead protection areas.  The bill would also require notification to authorities of any proposed building permits in the same areas.  The county, city, or village must make sufficient consideration to ensure community members will maintain an adequate supply of potable water throughout such zoning changes or construction periods.  On January 13, 2025, the Legislature referred this bill to the Natural Resources Committee.  The bill is set for a hearing on Wednesday January 29, 2025, in Room 1023 of the Capitol at 1:30 pm.

LB38 (Jacobson) proposes to revise the Geologists Regulation Act.  The bill would define and redefine several terms within the field to provide greater clarity to the regulations overall.  It would also provide new licensing standards for professional geologists, with many of the changes relating to applicable fees.  Finally, the bill would amend the regulations regarding the Board of Geologists.  These changes would impact the specific makeup of the Board, the term for each board member, the application standards for each board member, and compensation/reimbursement standards for board members.  On January 13, 2025, the Legislature referred this bill to the Natural Resources Committee.  The Legislature held a hearing for the bill on January 23, 2025.

LB59 (Sanders) would add a new natural resource district fund disbursement option, namely via electronic payment system, which includes an electronic funds transfer and an automatic clearinghouse transfer.  The bill would also add language further clarifying how an individual may receive authorization to sign a disbursement on behalf of the treasurer.  On January 13, 2025, the Legislature initially referred this bill to the Natural Resources Committee.  Later, on January 16, the Legislature rereferred this bill to the Government, Military and Veterans Affairs Committee. The Legislature held a hearing for the bill on January 23, 2025.

LB86 (Dorn) proposes to appropriate five hundred thousand dollars ($500,000) from the fiscal year 2025-26 General Fund to the Department of Natural Resources.  The appropriation would fund a grant program for natural resource districts, allowing the state to issue grants to districts with more than two hundred fifty (250) watershed structures.  This in turn would allow these districts to fund projects involving the maintenance, repair, or operation of the watershed structures.  Under the bill, a project would only be eligible for grant funding if the total cost of the project exceeded thirty thousand dollars ($30,000) per structure.

The bill would also include an appropriation of five hundred thousand dollars ($500,000) from the fiscal year 2025-26 General Fund to the Department of Natural Resources for state aid.  On January 14, 2025, the Legislature referred this bill to the Appropriations Committee.

LB117 (Holdcroft) would provide a sales and use tax exemption for the purchases of utilities, including electricity, propane, natural gas and sewer for residential use.  For purposes of that subsection, residential use would include use at a primary apartment residence where the cost of those utilities is paid as a separate line-item charge from rent and use at a commercial property where the primary use is for one or more primary residences.  On January 14, 2025, the Legislature referred this bill to the Revenue Committee.  The bill is set for a hearing on Friday January 31, 2025, in Room 1524 of the Capitol at 1:30 pm.

LB180 (Clouse) would create an exception for public lettings and biddings for the Department of Natural Resources.  The bill aims to add the Department of Natural Resources to the lengthy list of other exempt departments in the state of Nebraska.  On January 15, 2025, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.  The Legislature held a hearing for the bill on January 23, 2025.

LB247 (DeKay) proposes to revise the disposal fees Nebraska law places on various forms of solid waste.  The bill would change the fee from $1 to $2.34 for: (1) every six cubic yards of uncompacted solid waste (2) every three cubic yards of compacted solid waste; and (3) every ton of solid waste.  It would also alter the percentages of the collected fees the law remits to various parties.  If passed, the bill would allocate sixty-five percent (65%) of the fees each quarter to the State Treasurer for credit to the Integrated Solid Waste Management Cash Fund.  The law would remit the remaining thirty-five percent (35%) to the State Treasurer for credit to the Waste Reduction and Recycling Incentive Fund.  On January 16, 2025, the Legislature referred this bill to the Natural Resources Committee.

LB344 (Brandt) would alter regulation of ground water use allocations.  First, the bill would allow any ground water use allocation for irrigation purposes established before November 1, 2005 to remain in full effect, unless the appropriate natural resources district amended said allocation.  The bill would also subject any new or expanded commercial user served by a municipal water source to the controls of an integrated management plan or order, if that user began or expanded its use after January 1, 2026.  Further, the bill would compel the user to provide a mitigation report to the natural resources district where the user resides, which would include information like annual water use, source of water used to mitigate the new or expanded use, and any other necessary information.  On January 21, 2025, the Legislature referred this bill to the Natural Resources Committee.

LB471 (McKeon) would prevent state agencies, entities, counties, cities, and villages from imposing certain restrictions relating to the energy source of motor vehicles.  The bill would also prohibit the Department of Environment and Energy from creating related vehicle emission standards based on energy source.  On January 23, 2025, the Legislature referred the bill to the Natural Resources Committee.

LB673 (Raybould) proposes to change provisions relating to the Perkins County Canal project and provide for a transfer from the Perkins County Canal Project Fund.  The bill calls to transfer five hundred million dollars ($500,000,000) from the Project Fund to the Water Sustainability Fund by June 30, 2025.  On January 24, 2025, the Legislature referred the bill to the Appropriations Committee.

LB674 (Raybould) similar to LB673 above, would transfer two hundred fifty million dollars ($250,000,000) from the Perkins County Canal Project Fund to the General Fund and another two hundred fifty million dollars ($250,000,000) to the Water Sustainability Fund by June 30, 2025.  On January 24, 2025, the Legislature referred the bill to the Appropriations Committee.

LB695 (Dover) proposes to require the Lower Elkhorn Natural Resources District to construct a dam and provide for flood control measures.  The bill proposes a dam to protect the community of Battle Creek and its existing road and rail infrastructure from flooding.  The bill would have the Lower Elkhorn Natural Resources District secure available funding to construct such a dam and reduce or eliminate the need to raise taxes on residents in the district.  On January 24, 2025, the Legislature referred the bill to the Natural Resources Committee.

CANNABIS

LB1 (Executive Board) proposes to correct section references looking to define “hemp” in both Initiative Law 2024, No. 437 and Initiative Law 2024, No. 438.  Currently, these initiatives reference section 2-503(13) for the definition of hemp.  The bill would correct these references to section 2-503 generally.  On January 13, 2025, the Legislature placed this bill on General File.

LB316 (Kauth) would define “cannabidiol” and “tetrahydocannabinol” for purposes of the Nebraska Hemp Farming Act.  It would also further specify what hemp contains for purposes of the Act.  Finally, it would describe how entities may legally possess, handle, transport, use and consume cannabidiol products within Nebraska.  On January 21, 2025, the Legislature referred this bill to the Judiciary Committee.  The bill is set for a hearing on Wednesday January 29, 2025, in Room 1525 of the Capitol at 1:30 pm.

LB483 (Storm) would amend Initiative Law 2024, No. 437 by redefining the allowable amount of cannabis in permissible cannabis products.  It would also newly exclude hemp as defined in section 2-503.  Next, the bill would amend the Uniform Controlled Substances Act by adding exceptions to prohibited acts under section 28-416 as defined by the Nebraska Medical Cannabis Patient Protection Act and the Nebraska Medical Cannabis Regulation Act.  Further, the bill would clarify that cannabis an individual legally possesses pursuant to the Nebraska Medical Cannabis Regulation Act or the Nebraska Medical Cannabis Patient Protection Act will not subject the individual to penalties under the Uniform Controlled Substances Act.  On January 23, 2025, the Legislature initially referred this bill to the Judiciary Committee and then later rereferred the bill to the General Affairs Committee on January 24.

LB651 (Conrad) proposes to change provisions of the Nebraska Medical Cannabis Patient Protection Act and the Nebraska Medical Cannabis Regulation Act to better provide for the regulation of medical cannabis.  The bill would allow qualified patients to obtain a registry card to use, possess, or acquire allowable amounts of cannabis from registered caregivers without citation, arrest, prosecution, or penalty. 

The bill would not provide protection from cannabis use in certain areas such as schools, correctional facilities, or public areas open to the general public.  Similarly, the bill does not require employers to accommodate the possession or use of medical cannabis by employees.  The bill calls for the development of thorough rules and regulations regarding the qualification of patients, application for licenses by registered caregivers and manufacturers, product and packaging requirements, and revocation of license or penalty procedures against individuals as necessary to carry out the Acts.  The bill would have members of the Nebraska Liquor Control Commission serve as members of the Nebraska Medical Cannabis Commission.  On January 24, 2025, the Legislature referred the bill to the General Affairs Committee.

LB705 (McKinney, Spivey) would change provisions of the Nebraska Medical Cannabis Patient Protection Act and the Nebraska Medical Cannabis Regulation Act, as well as adopt the Nebraska Medical Cannabis Justice Act and the Cannabis Conviction Clean Slate Act.   Similar to LB651 above, the bill proposes to establish a statutory and regulatory scheme for medical cannabis in the state of Nebraska by protecting individuals from prosecution or penalty for permitted uses of medical cannabis and establishing a commission comprised of members from the existing Nebraska Liquor Control Commission. 

The bill differs from LB651 in that it includes notification requirements from patients or caregivers when an individual becomes unqualified for consumption or possession of medical cannabis.  The bill also instates protections for attorneys, licensee or employees, and financial institutions engaging in business with lawful medical cannabis providers.

The bill also proposes the following types of licenses under the Act: cultivator, dispensary, patient delivery, products manufacturer, testing facility, and transporter.  The bill would establish fees, penalties, application requirements, and license tiers for different business models ranging from microbusinesses to large-scale operators.  The bill proposes to create a Medical Cannabis Business Equity Fund and Cannabis Community Reinvestment Fund to carry out the Act and to invest according to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. 

The bill also seeks to allow individuals incarcerated for cannabis-related convictions to seek resentencing.  The bill updates relevant criminal law statutes to encompass allowed medical cannabis use.  Similarly, individuals may also petition courts for clean slate relief for such offenses once all related obligations have been discharged or otherwise waived.  On January 24, 2025, the Legislature referred the bill to the General Affairs Committee.