LB471 LB471
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 471
Introduced by Geist, 25.
Read first time January 17, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to public health and welfare; to amend
2 sections 2-3256, 13-2039, 13-2903, 13-2907, 23-1901, 33-151,
3 39-1311.02, 46-1616, 54-2429, 61-201, 81-3405, 81-3426, 81-3440, and
4 81-3455, Reissue Revised Statutes of Nebraska, and sections 37-1719,
5 37-1723, 39-2306, 39-2504, 39-2514, 39-2814, 76-3505, 81-8,126,
6 81-8,198.01, 81-1609, 81-3401, 81-3402, 81-3403, 81-3407, 81-3408,
7 81-3409, 81-3411, 81-3416, 81-3420, 81-3421, 81-3422.01, 81-3428,
8 81-3429, 81-3430, 81-3432, 81-3432.01, 81-3433, 81-3434, 81-3435,
9 81-3436, 81-3436.01, 81-3437, 81-3437.01, 81-3437.02, 81-3438,
10 81-3441, 81-3442, 81-3443, 81-3444, 81-3446, 81-3448, 81-3449,
11 81-3450, 81-3451, 81-3453, and 81-3454, Revised Statutes Cumulative
12 Supplement, 2022; to provide for regulation of registered interior
13 designers under the Engineers and Architects Regulation Act; to
14 rename the act; to provide and change definitions; to rename the
15 Board of Engineers and Architects and change provisions relating to
16 its powers, duties, and membership; to rename a fund; to provide for
17 payment of qualified education debts of registered interior
18 designers; to provide for a fee; to create a voluntary registry for
19 interior designers; to authorize registered interior designers to
20 obtain and use a seal as prescribed; to harmonize provisions; and to
21 repeal the original sections.
22 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 2-3256, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 2-3256 All design or construction by a district of structural works
4 costing more than one hundred thousand dollars shall be under the
5 supervision of a licensed engineer except as otherwise provided in the
6 Engineers, and Architects, and Registered Interior Designers Regulation
7 Act. The Board of Engineers, and Architects, and Registered Interior
8 Designers shall adjust the dollar amount in this section every fifth
9 year. The first such adjustment after August 27, 2011, shall be effective
10 on July 1, 2014. The adjusted amount shall be equal to the then current
11 amount adjusted by the cumulative percentage change in the Consumer Price
12 Index for All Urban Consumers published by the Federal Bureau of Labor
13 Statistics for the five-year period preceding the adjustment date. The
14 amount shall be rounded to the next highest one-thousand-dollar amount.
15 Sec. 2. Section 13-2039, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 13-2039 (1)(a) A landfill may accept yard waste without condition
18 from December 1 through March 31 of each year.
19 (b) A landfill may accept yard waste year-round if such yard waste:
20 (i) Will be used for the production and recovery of methane gas for
21 use as fuel (A) with the approval of the department and (B) at a landfill
22 operating as a solid waste management facility with a permit issued
23 pursuant to the department's rules and regulations; or
24 (ii) Has been separated at its source from other solid waste and
25 will be used for the purpose of soil conditioning or composting.
26 (c) State and local governmental entities responsible for the
27 maintenance of public lands shall give preference to the use of composted
28 materials in all land maintenance activities. This section does not
29 prohibit the use of yard waste as land cover or as soil-conditioning
30 material.
31 (2) Land disposal of lead-acid batteries and waste oil is
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1 prohibited.
2 (3)(a) Land disposal of waste tires in any form is prohibited except
3 tires that are nonrecyclable. For purposes of this subsection,
4 nonrecyclable tire means a press-on solid tire, a solid pneumatic shaped
5 tire, or a foam pneumatic tire.
6 (b) On and after September 1, 2003, placing or causing the placement
7 or disposal of scrap tires in any form into the waters of the state is
8 prohibited except as provided in section 13-2033.
9 (c) Tires are not considered disposed if they are (i) processed into
10 crumb rubber form and reused or recycled in manufactured products such
11 as, but not limited to, products used for schools, playgrounds, and
12 residential, lawn, and garden applications, (ii) used as safety barriers
13 for race courses for motorized vehicles, on the condition that the tires
14 are bolted together and properly wrapped, and not in loose, compressed,
15 or baled form, (iii) used as tire-derived fuel, (iv) retreaded, (v)
16 processed into chip or shred form and used as drainage media in landfill
17 construction or septic drain fields, (vi) used as a raw material in
18 steelmaking, or (vii) processed into shred form and used as an
19 alternative daily cover in a landfill or for a civil engineering project
20 if such project is designed and constructed in compliance with the
21 Engineers, and Architects, and Registered Interior Designers Regulation
22 Act and prior approval for such project is obtained from the department
23 by the tire shredder and the end user, except that departmental approval
24 is not necessary for a tire project involving three thousand five hundred
25 or fewer passenger tire equivalents of waste tires if the department
26 receives notification of the project not later than thirty days prior to
27 any construction on such project. The notification shall contain the name
28 and address of the tire shredder and end user, the location of the
29 project, a description of the type of project, the number of passenger
30 tire equivalents of waste tires to be used, and any additional
31 information the council determines is necessary to accomplish the
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1 purposes of the Integrated Solid Waste Management Act.
2 A race sponsor using tires as safety barriers pursuant to
3 subdivision (3)(c)(ii) of this section prior to October 1, 2006, shall
4 file an approved tire disposal plan with the department on or before
5 January 1, 2007. A race sponsor using tires as safety barriers on or
6 after October 1, 2006, shall file an approved tire disposal plan with the
7 department prior to the sponsor's first such use of tires. An approved
8 tire disposal plan shall provide for the disposal of tires which cease to
9 be used as safety barriers in accordance with subsection (3) of section
10 13-2033, and any such race sponsor who ceases to use tires as safety
11 barriers or whose facility ceases operation shall dispose of such tires
12 in accordance with his or her approved tire disposal plan. Any
13 modification to an approved tire disposal plan shall be submitted to and
14 approved by the department prior to implementation of such modified plan.
15 An approved tire disposal plan shall continue in effect as long as such
16 sponsor uses tires as safety barriers.
17 (4) Land disposal of discarded household appliances is prohibited.
18 (5) Land disposal of unregulated hazardous wastes, except household
19 hazardous wastes, which are exempt from the regulations under the
20 Environmental Protection Act is prohibited unless such disposal occurs at
21 a licensed hazardous waste disposal facility.
22 (6) For purposes of this section, land disposal shall include, but
23 not be limited to, incineration at a landfill.
24 Sec. 3. Section 13-2903, Reissue Revised Statutes of Nebraska, is
25 amended to read:
26 13-2903 For purposes of the Political Subdivisions Construction
27 Alternatives Act:
28 (1) Construction management at risk contract means a contract by
29 which a construction manager (a) assumes the legal responsibility to
30 deliver a construction project within a contracted price to the political
31 subdivision, (b) acts as a construction consultant to the political
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1 subdivision during the design development phase of the project when the
2 political subdivision's architect or engineer designs the project, and
3 (c) is the builder during the construction phase of the project;
4 (2) Construction manager means the legal entity which proposes to
5 enter into a construction management at risk contract pursuant to the
6 act;
7 (3) Design-build contract means a contract which is subject to
8 qualification-based selection between a political subdivision and a
9 design-builder to furnish (a) architectural, engineering, and related
10 design services for a project pursuant to the act and (b) labor,
11 materials, supplies, equipment, and construction services for a project
12 pursuant to the act;
13 (4) Design-builder means the legal entity which proposes to enter
14 into a design-build contract which is subject to qualification-based
15 selection pursuant to the act;
16 (5) Letter of interest means a statement indicating interest to
17 enter into a design-build contract or a construction management at risk
18 contract for a project pursuant to the act;
19 (6) Performance-criteria developer means any person licensed or any
20 organization issued a certificate of authorization to practice
21 architecture or engineering pursuant to the Engineers, and Architects,
22 and Registered Interior Designers Regulation Act who is selected by a
23 political subdivision to assist the political subdivision in the
24 development of project performance criteria, requests for proposals,
25 evaluation of proposals, evaluation of the construction under a design-
26 build contract to determine adherence to the performance criteria, and
27 any additional services requested by the political subdivision to
28 represent its interests in relation to a project;
29 (7) Political subdivision means a city, village, county, natural
30 resources district, metropolitan utilities district, public power
31 district, public power and irrigation district, school district,
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1 community college, or state college;
2 (8) Project performance criteria means the performance requirements
3 of the project suitable to allow the design-builder to make a proposal.
4 Performance requirements include the following, if required by the
5 project: Capacity, durability, standards, ingress and egress
6 requirements, description of the site, surveys, soil and environmental
7 information concerning the site, interior space requirements, material
8 quality standards, design and construction schedules, site development
9 requirements, provisions for utilities, storm water retention and
10 disposal, parking requirements, applicable governmental code
11 requirements, and other criteria for the intended use of the project;
12 (9) Proposal means an offer in response to a request for proposals
13 (a) by a design-builder to enter into a design-build contract for a
14 project pursuant to the Political Subdivisions Construction Alternatives
15 Act or (b) by a construction manager to enter into a construction
16 management at risk contract for a project pursuant to the act;
17 (10) Qualification-based selection process means a process of
18 selecting a design-builder based first on the qualifications of the
19 design-builder and then on the design-builder's proposed approach to the
20 design and construction of the project;
21 (11) Request for letters of interest means the documentation or
22 publication by which a political subdivision solicits letters of
23 interest;
24 (12) Request for proposals means the documentation by which a
25 political subdivision solicits proposals; and
26 (13) School district means any school district classified under
27 section 79-102.
28 Sec. 4. Section 13-2907, Reissue Revised Statutes of Nebraska, is
29 amended to read:
30 13-2907 A political subdivision shall prepare a request for
31 proposals for each design-build contract in accordance with this section.
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1 Notice of the request for proposals shall be published in a newspaper of
2 general circulation within the political subdivision at least thirty days
3 prior to the deadline for receiving and opening proposals. A notice of
4 the request for proposals by a school district shall be filed with the
5 State Department of Education at least thirty days prior to the deadline
6 for receiving and opening proposals. The request for proposals shall
7 contain, at a minimum, the following elements:
8 (1) The identity of the political subdivision for which the project
9 will be built and the political subdivision that will execute the design-
10 build contract;
11 (2) Policies adopted by the political subdivision in accordance with
12 section 13-2905;
13 (3) The proposed terms and conditions of the design-build contract,
14 including any terms and conditions which are subject to further
15 negotiation. The proposed general terms and conditions shall be
16 consistent with nationally recognized model general terms and conditions
17 which are standard in the design and construction industry in Nebraska.
18 The proposed terms and conditions may set forth an initial determination
19 of the manner by which the design-builder selects any subcontractor and
20 may require that any work subcontracted be awarded by competitive
21 bidding;
22 (4) A project statement which contains information about the scope
23 and nature of the project;
24 (5) Project performance criteria;
25 (6) Budget parameters for the project;
26 (7) Any bonds and insurance required by law or as may be
27 additionally required by the political subdivision;
28 (8) The criteria for evaluation of proposals and the relative weight
29 of each criterion;
30 (9) A requirement that the design-builder provide a written
31 statement of the design-builder's proposed approach to the design and
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1 construction of the project, which may include graphic materials
2 illustrating the proposed approach to design and construction but shall
3 not include price proposals;
4 (10) A requirement that the design-builder agree to the following
5 conditions:
6 (a) An architect or engineer licensed to practice in Nebraska will
7 participate substantially in those aspects of the offering which involve
8 architectural or engineering services;
9 (b) At the time of the design-build offering, the design-builder
10 will furnish to the g