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LEGISLATIVE BILL 164
Approved by the Governor April 16, 2024
Introduced by McKinney, 11.
A BILL FOR AN ACT relating to law; to amend sections 13-3301, 13-3302, 13-3303,
13-3304, 13-3305, 13-3306, 13-3310, and 13-3311, Reissue Revised Statutes of Nebraska, sections 81-12,195, 81-12,196, 81-12,201, 81-12,215, and
84-602, Revised Statutes Cumulative Supplement, 2022, sections 61-305,
72-819, 72-1001, 81-1239, 81-1243, 81-12,203, 81-12,241, 81-12,241.01,
81-12,243, and 81-12,244, Revised Statutes Supplement, 2023, and section
31, Legislative Bill 1413, One Hundred Eighth Legislature, Second Session,
2024; to change provisions relating to the Economic Recovery Act, the Municipal Inland Port Authority Act, and the Nebraska Rural Projects Act;
to provide for a museum at Fort Robinson State Park; to provide for and change provisions relating to transfers and use of funds, investment earnings, and interest; to provide a duty for the State Treasurer; to eliminate obsolete provisions; to adopt the Child Care Capacity Building and Workforce Act; to provide operative dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 13-3301, Reissue Revised Statutes of Nebraska, is amended to read:
13-3301 Sections 13-3301 to 13-3313 and sections 7, 10, 11, and 12 of this act shall be known and may be cited as the Municipal Inland Port Authority Act.
Sec. 2. Section 13-3302, Reissue Revised Statutes of Nebraska, is amended to read:
13-3302 The Legislature finds and declares as follows:
(1) Nebraska is ideally situated as a potential industrial, innovation,
and logistical hub for multiple industries across the rest of the country. The state is home to major railroads and trucking firms, and is within a two-day drive to major cities on the east coast, west coast, Mexico, and Canada;
(2) Increasingly, major companies looking to locate their headquarters or
expand operations seek large shovel-ready commercial and industrial sites,
commonly referred to as mega sites;
(3) Nebraska currently lacks sufficient the economic development tools necessary to acquire and develop large shovel-ready commercial and industrial sites and innovation districts, and the creation of one or more inland port authorities in Nebraska will could serve as a mechanism to develop such sites;
and
(4) In addition to the development of large shovel-ready commercial and industrial sites and innovation districts, the creation of one or more inland port authorities will could serve as a regional merging point for multi-modal transportation and distribution of goods to and from ports and other locations in other regions; and .
(5) Inland port authorities will serve as a vital resource for stimulating and supporting tourism, entrepreneurship, and technology-based small businesses in this state.
Sec. 3. Section 13-3303, Reissue Revised Statutes of Nebraska, is amended to read:
13-3303 For purposes of the Municipal Inland Port Authority Act:
(1) Board means the board of commissioners of an inland port authority;
(2) City means any city of the metropolitan class, city of the primary class, or city of the first class which contains an area eligible to be designated as an inland port district;
(3) Direct financial benefit means any form of financial benefit that accrues to an individual directly, including compensation, commission, or any other form of a payment or increase of money, or an increase in the value of a business or property. Direct financial benefit does not include a financial benefit that accrues to the public generally;
(4) Family member means a spouse, parent, sibling, child, or grandchild;
(5) Inland port authority means an authority created by a city, a county,
or a city and one or more counties under the Municipal Inland Port Authority Act to manage an inland port district;
(6) Inland port district means an area within the corporate boundaries or
extraterritorial zoning jurisdiction or both of a city, within the boundaries of one or more counties, or within both the corporate boundaries or
extraterritorial zoning jurisdiction or both of a city and the boundaries of
one or more counties, and which meets at least two of the following criteria:
(a) Is located within one mile of a navigable river or other navigable waterway;
(b) Is located within one mile of a major rail line;
(c) Is located within two miles of any portion of the federally designated National System of Interstate and Defense Highways or any other four-lane divided highway; or
(d) Is located within two miles of a major airport;
(7)(a) Innovation district means a geographic area where leading-edge
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institutions, companies, and industry clusters connect with startup businesses,
business incubators, research institutions, and accelerators, and that is
physically compact, transit-accessible, and technically wired with mixed-use housing, office, retail, and light industrial space.
(b) Innovation districts include, but are not limited to, the following:
(i) The anchor-plus model, primarily found in the downtowns and midtowns of central cities, where large-scale mixed-use development is centered around major anchor institutions and a rich base of related firms, entrepreneurs, and spin-off companies involved in the commercialization of innovation;
(ii) The re-imagined urban areas model, often found near or along historic waterfronts, where industrial or warehouse districts are undergoing a physical and economic transformation. Such change is powered in part by transit access,
a historic building stock, and proximity to downtowns in high-rent cities which is supplemented with advanced research institutions and anchor companies; and
(iii) The urbanized science park model, commonly found in suburban and exurban areas, where traditionally isolated, sprawling areas of innovation are urbanizing through increased density and an infusion of new activities,
including retail and restaurants, that are mixed as opposed to separated;
(8) Innovation hub has the same meaning as in section 81-12,108;
(9) (7) Intermodal facility means a hub or other facility for trade combining any combination of rail, barge, trucking, air cargo, or other transportation services;
(10) (8) Major airport means an airport with commercial service as defined by the Federal Aviation Administration;
(11) (9) Major rail line means a rail line that is accessible to a Class I
railroad as defined by the federal Surface Transportation Board; and
(12) (10) Nonprofit economic development corporation means a chamber of
commerce or other mutual benefit or public benefit corporation organized under the Nebraska Nonprofit Corporation Act to assist economic development.
Sec. 4. Section 13-3304, Reissue Revised Statutes of Nebraska, is amended to read:
13-3304 (1) Any city which encompasses an area greater than three hundred acres eligible to be designated as an inland port district may propose to
create an inland port authority by ordinance, subject to the cap on the total number of inland port districts provided in subsection (4) of this section. In determining whether to propose the creation of an inland port authority, the city shall consider the following criteria:
(a) The desirability and economic feasibility of locating an inland port district within the corporate boundaries, extraterritorial zoning jurisdiction,
or both of the city;
(b) The technical and economic capability of the city and any other public and private entities to plan and carry out development within the proposed inland port district;
(c) The strategic location of the proposed inland port district in
proximity to existing and potential transportation infrastructure that is
conducive to facilitating regional, national, and international trade and the businesses and facilities that promote and complement such trade;
(d) The potential impact that development of the proposed inland port district will have on the immediate area; and
(e) The regional and statewide economic impact of development of the proposed inland port district.
(2) Any city and one or more counties in which a city of the metropolitan class, city of the primary class, or city of the first class is located, or in
which the extraterritorial zoning jurisdiction of such city is located, which encompass an area greater than three hundred acres eligible to be designated as
an inland port district may enter into an agreement pursuant to the Interlocal Cooperation Act to propose joint creation of an inland port authority, subject to the cap on the total number of inland port districts provided in subsection
(4) of this section. In determining whether to propose the creation of an inland port authority, the city and counties shall consider the following criteria:
(a) The desirability and economic feasibility of locating an inland port district within the corporate boundaries or extraterritorial zoning jurisdiction or both of the city, or within both the corporate boundaries or
extraterritorial zoning jurisdiction or both of a city and the boundaries of
one or more counties;
(b) The technical and economic capability of the city and county or
counties and any other public and private entities to plan and carry out development within the proposed inland port district;
(c) The strategic location of the proposed inland port district in
proximity to existing and potential transportation infrastructure that is
conducive to facilitating regional, national, and international trade and the businesses and facilities that promote and complement such trade;
(d) The potential impact that development of the proposed inland port district will have on the immediate area; and
(e) The regional and statewide economic impact of development of the proposed inland port district.
(3) Any county with a population greater than twenty thousand inhabitants according to the most recent federal census or the most recent revised certified count by the United States Bureau of the Census which encompasses an
area greater than three hundred acres eligible to be designated as an inland port district may propose to create an inland port authority by resolution,
subject to the cap on the total number of inland port districts provided in
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subsection (4) of this section. In determining whether to propose the creation of an inland port authority, the county shall consider the following criteria:
(a) The desirability and economic feasibility of locating an inland port district within the county;
(b) The technical and economic capability of the county and any other public or private entities to plan and carry out development within the proposed inland port district;
(c) The strategic location of the proposed inland port district in
proximity to existing and potential transportation infrastructure that is
conducive to facilitating regional, national, and international trade and the businesses and facilities that promote and complement such trade;
(d) The potential impact that development of the proposed inland port district will have on the immediate area; and
(e) The regional and statewide economic impact of development of the proposed inland port district.
(4) No more than five inland port districts may be designated statewide.
No more than one inland port district may be designated within the boundaries of a city of the metropolitan class. No inland port authority shall designate more than one inland port district, and no inland port authority may be created without also designating an inland port district.
(5) Following the adoption of an ordinance, resolution, or execution of an agreement pursuant to the Interlocal Cooperation Act proposing creation of an inland port authority, the city clerk or county clerk shall transmit a copy of
such ordinance, resolution, or agreement to the Department of Economic Development along with an application for approval of the proposal. Upon receipt of such ordinance, resolution, or agreement and application, the department shall evaluate the proposed inland port authority to determine whether the proposal meets the criteria in subsection (1), (2), or (3) of this section, whichever is applicable, as well as any prioritization criteria developed by the department. Upon a determination that the proposed inland port authority sufficiently meets such criteria, the Director of Economic Development shall certify to the city clerk or county clerk whether the proposed creation of such inland port authority exceeds the cap on the total number of inland port districts pursuant to subsection (4) of this section. If the department determines that the proposed inland port authority sufficiently meets such criteria and does not exceed such cap, the inland port authority shall be deemed created. If the proposed inland port authority does not sufficiently meet such criteria or exceeds such cap, the city shall repeal such ordinance, the county shall repeal such resolution, or the city and county or
counties shall rescind such agreement and the proposed inland port authority shall not be created.
Sec. 5. Section 13-3305, Reissue Revised Statutes of Nebraska, is amended to read:
13-3305 (1) The city council of any city which has created an inland port authority pursuant to subsection (1) of section 13-3304 shall designate what areas within the corporate limits, extraterritorial zoning jurisdiction, or both of the city shall comprise the inland port district, subject to the limitations of the Municipal Inland Port Authority Act. The boundaries of any inland port district shall be filed with the city clerk and shall become effective upon approval of the city council. The city council may from time to
time enlarge or reduce the area comprising any inland port district, except that such district shall not be reduced to an area less than three hundred acres. Any change of boundaries shall be filed with the city clerk and become effective upon such filing.
(2) The city council of any city and county board or boards of any county or counties which have created an inland port authority pursuant to subsection
(2) of section 13-3304 shall designate what areas within the corporate limits,
extraterritorial zoning jurisdiction, or both of the city or within the county or counties shall comprise the inland port district, subject to the limitations of the Municipal Inland Port Authority Act. The boundaries of any inland port district shall be filed with the city clerk and the county clerk or clerks and shall become effective upon approval of the city council and the county board or boards. The city council and the county board or boards may from time to
time enlarge or reduce the area comprising any inland port district, except that such district shall not be reduced to an area less than three hundred acres. Any change of boundaries shall be filed with the city clerk and the county clerk or clerks and become effective upon such filing.
(3) The county board of any county which has created an inland port authority pursuant to subsection (3) of section 13-3304 shall designate what areas within the county shall comprise the inland port district, subject to the limitations of the Municipal Inland Port Authority Act. The boundaries of any inland port district shall be filed with the county clerk and shall become effective upon approval of the county board. The county board may from time to
time enlarge or reduce the area comprising any inland port district, except that such district shall not be reduced to an area less than three hundred acres. Any change of boundaries shall be filed with the county clerk and become effective upon such filing.
(4) Not more than twenty-five percent of the area within an inland port district designated pursuant to this section may be noncontiguous with the remaining portions of such inland port district. Such noncontiguous area shall be no more than one-quarter mile from the remaining portions of such inland port district for an inland port district located within a city of the metropolitan class and no more than fifteen miles from the remaining portions
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of such inland port district for any other inland port district.
(5) Nothing in this section shall require that any real property located within the boundaries of an inland port district be owned by an inland port authority or the city or county or counties in which such real property is
located.
Sec. 6. Section 13-3306, Reissue Revised Statutes of Nebraska, is amended to read:
13-3306 (1) An inland port authority shall have the power to:
(a) Plan, facilitate, and develop the inland port district in conjunction with the city, the county or counties, and other public and private entities,
including the development of publicly owned infrastructure and improvements within the inland port district;
(b) Engage in marketing and business recruitment activities and efforts to
encourage and facilitate development of the inland port district;
(c) Apply for and take all other necessary actions for the establishment of a foreign trade zone, as provided under federal law, within the inland port district;
(d) Issue and sell revenue bonds as provided in section 13-3308;
(e) Acquire, own, lease, sell, or otherwise dispose of interest in and to
any real property and improvements located thereon, and in any personal property, and construct buildings and other structures necessary to fulfill the purposes of the inland port authority;
(f) Acquire rights-of-way and property of any kind or nature within the inland port district necessary for its purposes by purchase or negotiation;
(g) Enter into lease agreements for real or personal property, either as
lessee or lessor;
(h) Sue and be sued in its own name;
(i) Enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers,
including, but not limited to, agreements under the Interlocal Cooperation Act with the city, the