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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1021
Introduced by Groene, 42.
Read first time January 15, 2020
Committee: Urban Affairs
1 A BILL FOR AN ACT relating to cities and villages; to amend sections
2 18-2108, 18-2110, 18-2111, 18-2112, 18-2114, 18-2117, and
3 77-1704.01, Reissue Revised Statutes of Nebraska, sections 18-2109,
4 18-2113, 18-2115, 18-2116, 18-2117.01, and 18-2147, Revised Statutes
5 Cumulative Supplement, 2018, and section 18-2101, Revised Statutes
6 Supplement, 2019; to provide for an expedited review of certain
7 redevelopment plans under the Community Development Law; to exempt
8 such redevelopment plans from certain requirements; to harmonize
9 provisions; and to repeal the original sections.
10 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 18-2101, Revised Statutes Supplement, 2019, is
2 amended to read:
3 18-2101 Sections 18-2101 to 18-2154 and section 11 of this act shall
4 be known and may be cited as the Community Development Law.
5 Sec. 2. Section 18-2108, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 18-2108 An authority shall not acquire real property for a
8 redevelopment project unless the governing body of the city in which the
9 redevelopment project area is located has approved the redevelopment
10 plan, as prescribed in section 18-2116 or section 11 of this act.
11 Sec. 3. Section 18-2109, Revised Statutes Cumulative Supplement,
12 2018, is amended to read:
13 18-2109 (1) A An authority shall not prepare a redevelopment plan
14 for a redevelopment project area shall not be prepared unless the
15 governing body of the city in which such area is located has, by
16 resolution adopted after the public hearings required under this section,
17 declared such area to be a substandard and blighted area in need of
18 redevelopment.
19 (2) Prior to making such declaration, the governing body of the city
20 shall conduct or cause to be conducted a study or an analysis on whether
21 the area is substandard and blighted and shall submit the question of
22 whether such area is substandard and blighted to the planning commission
23 or board of the city for its review and recommendation. The planning
24 commission or board shall hold a public hearing on the question after
25 giving notice of the hearing as provided in section 18-2115.01. Such
26 notice shall include a map of sufficient size to show the area to be
27 declared substandard and blighted or information on where to find such
28 map and shall provide information on where to find copies of the
29 substandard and blighted study or analysis conducted pursuant to this
30 subsection. The planning commission or board shall submit its written
31 recommendations to the governing body of the city within thirty days
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1 after the public hearing.
2 (3) Upon receipt of the recommendations of the planning commission
3 or board, or if no recommendations are received within thirty days after
4 the public hearing required under subsection (2) of this section, the
5 governing body shall hold a public hearing on the question of whether the
6 area is substandard and blighted after giving notice of the hearing as
7 provided in section 18-2115.01. Such notice shall include a map of
8 sufficient size to show the area to be declared substandard and blighted
9 or information on where to find such map and shall provide information on
10 where to find copies of the substandard and blighted study or analysis
11 conducted pursuant to subsection (2) of this section. At the public
12 hearing, all interested parties shall be afforded a reasonable
13 opportunity to express their views respecting the proposed declaration.
14 After such hearing, the governing body of the city may make its
15 declaration.
16 (4) Copies of each substandard and blighted study or analysis
17 conducted pursuant to subsection (2) of this section shall be posted on
18 the city’s public web site or made available for public inspection at a
19 location designated by the city.
20 Sec. 4. Section 18-2110, Reissue Revised Statutes of Nebraska, is
21 amended to read:
22 18-2110 A An authority shall not recommend a redevelopment plan
23 shall not be submitted or recommended to the governing body of the city
24 in which the redevelopment project area is located until a general plan
25 for the development of the city has been prepared.
26 Sec. 5. Section 18-2111, Reissue Revised Statutes of Nebraska, is
27 amended to read:
28 18-2111 (1) The authority may itself prepare or cause to be
29 prepared a redevelopment plan or any person or agency, public or private,
30 may submit such a plan to an authority. A redevelopment plan shall be
31 sufficiently complete to indicate its relationship to definite local
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1 objectives as to appropriate land uses, improved traffic, public
2 transportation, public utilities, recreational and community facilities
3 and other public improvements, and the proposed land uses and building
4 requirements in the redevelopment project area, and shall include without
5 being limited to: (a) (1) The boundaries of the redevelopment project
6 area, with a map showing the existing uses and condition of the real
7 property therein; (b) (2) a land-use plan showing proposed uses of the
8 area; (c) (3) information showing the standards of population densities,
9 land coverage, and building intensities in the area after redevelopment;
10 (d) (4) a statement of the proposed changes, if any, in zoning ordinances
11 or maps, street layouts, street levels or grades, or building codes and
12 ordinances; (e) (5) a site plan of the area; and (f) (6) a statement as
13 to the kind and number of additional public facilities or utilities which
14 will be required to support the new land uses in the area after
15 redevelopment. Any redevelopment plan may include a proposal for the
16 designation of an enhanced employment area.
17 (2) This section shall not apply to a redevelopment plan that
18 receives an expedited review under section 11 of this act.
19 Sec. 6. Section 18-2112, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 18-2112 (1) Prior to recommending a redevelopment plan to the
22 governing body for approval, an authority shall submit such plan to the
23 planning commission or board of the city in which the redevelopment
24 project area is located for review and recommendations as to its
25 conformity with the general plan for the development of the city as a
26 whole. The planning commission or board shall submit its written
27 recommendations with respect to the proposed redevelopment plan to the
28 authority within thirty days after receipt of the plan for review. Upon
29 receipt of the recommendations of the planning commission or board or, if
30 no recommendations are received within such thirty days, then without
31 such recommendations, an authority may recommend the redevelopment plan
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1 to the governing body of the city for approval.
2 (2) This section shall not apply to a redevelopment plan that
3 receives an expedited review under section 11 of this act.
4 Sec. 7. Section 18-2113, Revised Statutes Cumulative Supplement,
5 2018, is amended to read:
6 18-2113 (1) Prior to recommending a redevelopment plan to the
7 governing body for approval, an authority shall consider whether the
8 proposed land uses and building requirements in the redevelopment project
9 area are designed with the general purpose of accomplishing, in
10 conformance with the general plan, a coordinated, adjusted, and
11 harmonious development of the city and its environs which will, in
12 accordance with present and future needs, promote health, safety, morals,
13 order, convenience, prosperity, and the general welfare, as well as
14 efficiency and economy in the process of development, including, among
15 other things, adequate provision for traffic, vehicular parking, the
16 promotion of safety from fire, panic, and other dangers, adequate
17 provision for light and air, the promotion of the healthful and
18 convenient distribution of population, the provision of adequate
19 transportation, water, sewerage, and other public utilities, schools,
20 parks, recreational and community facilities, and other public
21 requirements, the promotion of sound design and arrangement, the wise and
22 efficient expenditure of public funds, and the prevention of the
23 recurrence of insanitary or unsafe dwelling accommodations or conditions
24 of blight.
25 (2) The authority shall conduct a cost-benefit analysis for each
26 redevelopment project whose redevelopment plan includes the division of
27 taxes as provided in section 18-2147. In conducting the cost-benefit
28 analysis, the authority shall use a cost-benefit model developed for use
29 by local projects. Any cost-benefit model used by the authority shall
30 consider and analyze the following factors:
31 (a) Tax shifts resulting from the division of taxes as provided in
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1 section 18-2147;
2 (b) Public infrastructure and community public service needs impacts
3 and local tax impacts arising from the approval of the redevelopment
4 project;
5 (c) Impacts on employers and employees of firms locating or
6 expanding within the boundaries of the area of the redevelopment project;
7 (d) Impacts on other employers and employees within the city or
8 village and the immediate area that are located outside of the boundaries
9 of the area of the redevelopment project;
10 (e) Impacts on the student populations of school districts within
11 the city or village; and
12 (f) Any other impacts determined by the authority to be relevant to
13 the consideration of costs and benefits arising from the redevelopment
14 project.
15 (3) Copies of each cost-benefit analysis conducted pursuant to
16 subsection (2) of this section shall be posted on the city's public web
17 site or made available for public inspection at a location designated by
18 the city.
19 (4) This section shall not apply to a redevelopment plan that
20 receives an expedited review under section 11 of this act.
21 Sec. 8. Section 18-2114, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 18-2114 (1) The recommendation of a redevelopment plan by an
24 authority to the governing body shall be accompanied by the
25 recommendations, if any, of the planning commission or board concerning
26 the redevelopment plan; a statement of the proposed method and estimated
27 cost of the acquisition and preparation for redevelopment of the
28 redevelopment project area and the estimated proceeds or revenue from its
29 disposal to redevelopers; a statement of the proposed method of financing
30 the redevelopment project; and a statement of a feasible method proposed
31 for the relocation of families to be displaced from the redevelopment
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1 project area.
2 (2) This section shall not apply to a redevelopment plan that
3 receives an expedited review under section 11 of this act.
4 Sec. 9. Section 18-2115, Revised Statutes Cumulative Supplement,
5 2018, is amended to read:
6 18-2115 (1) The planning commission or board of the city shall hold
7 a public hearing on any redevelopment plan or substantial modification
8 thereof after giving notice of the hearing as provided in section
9 18-2115.01. Such notice shall specifically identify the area to be
10 redeveloped under the plan, shall include a map of sufficient size to
11 show the area to be redeveloped or information on where to find such map,
12 and shall provide information on where to find copies of any cost-benefit
13 analysis conducted pursuant to section 18-2113.
14 (2) After the hearing required under subsection (1) of this section,
15 the governing body of the city shall hold a public hearing on any
16 redevelopment plan or substantial modification thereof after giving
17 notice of the hearing as provided in section 18-2115.01. Such notice
18 shall specifically identify the area to be redeveloped under the plan,
19 shall include a map of sufficient size to show the area to be redeveloped
20 or information on where to find such map, and shall provide information
21 on where to find copies of any cost-benefit analysis conducted pursuant
22 to section 18-2113. At the public hearing, all interested parties shall
23 be afforded a reasonable opportunity to express their views respecting
24 the proposed redevelopment plan.
25 (3) This section shall not apply to a redevelopment plan that
26 receives an expedited review under section 11 of this act.
27 Sec. 10. Section 18-2116, Revised Statutes Cumulative Supplement,
28 2018, is amended to read:
29 18-2116 (1) Following the public hearings required under section
30 18-2115, the governing body may approve a redevelopment plan if (a) it
31 finds and documents in writing that the plan is feasible and in
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1 conformity with the general plan for the development of the city as a
2 whole and the plan is in conformity with the legislative declarations and
3 determinations set forth in the Community Development Law and (b) it
4 finds and documents in writing that, if the plan uses funds authorized in
5 section 18-2147, (i) the redevelopment project in the plan would not be
6 economically feasible without the use of tax-increment financing, (ii)
7 the redevelopment project would not occur in the community redevelopment
8 area without the use of tax-increment financing, and (iii) the costs and
9 benefits of the redevelopment project, including costs and benefits to
10 other affected political subdivisions, the economy of the community, and
11 the demand for public and private services, have been analyzed by the
12 governing body and have been found to be in the long-term best interest
13 of the community impacted by the redevelopment project.
14 (2) In connection with the approval of any redevelopment plan which
15 includes the designation of an enhanced employment area, the governing
16 body may approve the redevelopment plan if it determines that any new
17 investment within such enhanced employment area will result in at least
18 (a) two new employees and new investment of one hundred twenty-five
19 thousand dollars in counties with fewer than fifteen thousand
20 inhabitants, (b) five new employees and new investment of two hundred
21 fifty thousand dollars in counties with at least fifteen thousand
22 inhabitants but fewer than twenty-five thousand inhabitants, (c) ten new
23 employees and new investment of five hundred thousand dollars in counties<