LB148 LB148
2021 2021
LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 148
Introduced by Bostelman, 23.
Read first time January 08, 2021
Committee:
1 A BILL FOR AN ACT relating to public health and welfare; to amend
2 sections 38-108, 38-157, 38-158, 38-167, 38-179, 38-1,107, 38-1,115,
3 38-1,119, 46-1201, 46-1204.01, 46-1207, 46-1227.01, 46-1229,
4 46-1231, 46-1235, 46-1238, 71-1910, 71-2619, 71-2621, 71-2622,
5 71-3101, 71-3102, 71-3103, 71-3104, 71-3105, 71-3106, 71-3107,
6 71-4301, 71-4302, 71-4303, 71-4304, 71-4305, 71-4306, 71-4307,
7 71-4621, 71-4622, 71-4623, 71-4624, 71-4625, 71-4626, 71-4627,
8 71-4629, 71-4630, 71-4631, 71-4632, 71-4633, 71-4634, 71-4635,
9 71-5301, 71-5301.01, 71-5304, 71-5306, 71-5308, 71-5309, 71-5310,
10 71-5312.01, and 81-2121, Reissue Revised Statutes of Nebraska, and
11 sections 38-101, 38-121, 38-151, 38-155, 38-1,143, 46-1224, 71-5302,
12 and 81-502, Revised Statutes Cumulative Supplement, 2020; to adopt
13 the Environmental Safety Act; to transfer powers and duties from the
14 Department of Health and Human Services to the Department of
15 Environment and Energy; to define and redefine terms; to change
16 provisions relating to testing of water samples, issuance of
17 licenses and permits, fees, water well contractors, recreation
18 camps, swimming pools, mobile home parks, and drinking water; to
19 provide powers and duties regarding conflicts of interest and
20 expenses of the Water Well Standards and Contractors' Licensing
21 Board; to create funds; to harmonize provisions; to provide an
22 operative date; to repeal the original sections; and to declare an
23 emergency.
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1 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 32 of this act shall be known and may be
2 cited as the Environmental Safety Act.
3 Sec. 2. The Legislature finds that:
4 (1) Best practices in environmental safety and protection recognize
5 that the regulation of water supply and disposal infrastructure are
6 connected;
7 (2) The proper design, construction, and monitoring of both water
8 uses is critical for the safety and sustainability of communities in the
9 State of Nebraska;
10 (3) The regulation of mobile homes, recreation camps, and swimming
11 pools provide fundamental environmental safety for persons who use them;
12 and
13 (4) Consolidating the administration of state environmental safety
14 programs and the environmental and water programs of the United States
15 Environmental Protection Agency delegated to the State of Nebraska into
16 the Department of Environment and Energy will better serve the
17 communities in the State of Nebraska.
18 Sec. 3. For purposes of the Environmental Safety Act:
19 (1) Department means the Department of Environment and Energy; and
20 (2) Director means the Director of the Department of Environment and
21 Energy.
22 Sec. 4. Section 71-4301, Reissue Revised Statutes of Nebraska, is
23 amended to read:
24 71-4301 For purposes of sections 4 to 10 of this act 71-4301 to
25 71-4307, unless the context otherwise requires: ,
26 (1) Swimming swimming pool means any artificial basin of water
27 modified, improved, constructed, or installed solely for the purpose of
28 public swimming, wading, diving, recreation, or instruction; .
29 (2) Swimming pool includes, but is not limited to, a pool serving a
30 community, a subdivision, an apartment complex, a condominium, a club, a
31 camp, a school, an institution, a park, a manufactured home park, a
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1 hotel, a motel, a recreational area, or a water park; .
2 (3) Swimming pool includes a spa, hot tub, or whirlpool or similar
3 device which (a) (1) is designed for recreational use and not to be
4 drained, cleaned, and refilled after each individual use and (b) (2) may
5 consist of elements, including, but not limited to, hydrojet circulation,
6 hot water, cold water, mineral baths, air induction systems, or any
7 combination thereof; and .
8 (4) Swimming pool does not include an artificial lake, a pool at a
9 private residence intended only for the use of the owner and guests, or a
10 pool operated exclusively for medical treatment, physical therapy, water
11 rescue training, or training of divers.
12 Sec. 5. Section 71-4302, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 71-4302 The department Department of Health and Human Services shall
15 prepare, adopt, and have available printed minimum sanitary and safety
16 requirements in the form of regulations for the design, construction,
17 equipment, and operation of swimming pools and bather preparation
18 facilities. Such requirements shall include, but not be limited to,
19 provisions for waiver or variance of design standards and the
20 circumstances under which such waiver or variance may be granted.
21 Sec. 6. Section 71-4303, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 71-4303 No swimming pool shall be constructed after January 1, 1970,
24 unless and until plans, specifications, and any additional information
25 relative to such pool as may be requested by the department Department of
26 Health and Human Services shall have been submitted to the such
27 department and after review by the such department found to comply with
28 the minimum sanitary and safety requirements provided in section 5 of
29 this act 71-4302 and a permit for the construction of the pool issued by
30 the such department.
31 Sec. 7. Section 71-4304, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 71-4304 After January 1, 1970, swimming pools shall have equipment
3 and shall be operated so as to comply with the minimum sanitary and
4 safety requirements provided in section 5 of this act 71-4302. After such
5 date no swimming pool shall operate until it has received a permit from
6 the department Department of Health and Human Services. Application for a
7 permit to operate shall be submitted on forms provided by the such
8 department. Swimming pools constructed prior to January 1, 1970, which do
9 not fully comply with the minimum sanitary and safety requirements as
10 regards design and construction may be continued in use for such period
11 as the department may authorize if the equipment and operation of such
12 swimming pool comply with the minimum sanitary and safety requirements.
13 Sec. 8. Section 71-4305, Reissue Revised Statutes of Nebraska, is
14 amended to read:
15 71-4305 (1) The department Department of Health and Human Services
16 shall make at least one inspection every year of each swimming pool to
17 determine that such swimming pool complies with the minimum sanitary and
18 safety requirements.
19 (2) The owner and operator of any swimming pool shall submit such
20 operation and analytical records as may be requested at any time by the
21 department to determine the sanitary and safety condition of the swimming
22 pool.
23 (3) The department shall adopt and promulgate rules and regulations
24 which classify swimming pools on the basis of criteria deemed appropriate
25 by the department. The department shall charge engineering firms,
26 swimming pool owners, and other appropriate parties fees established by
27 rules and regulations for the review of plans and specifications of a
28 swimming pool, the issuance of a license or permit, the inspection of a
29 swimming pool, and any other services rendered at a rate which defrays no
30 more than the actual cost of the services provided. All fees shall be
31 paid as a condition of annual renewal of licensure or of continuance of
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1 licensure. Fees collected under this subsection for the review of plans
2 and specifications shall be remitted to the State Treasurer for credit to
3 the Engineering Plan Review Cash Fund. All other fees collected under
4 this subsection shall be remitted to the State Treasurer for credit to
5 the Environmental Safety Health and Human Services Cash Fund. The
6 department shall not charge a municipal corporation an inspection fee for
7 an inspection of a swimming pool owned by such municipal corporation.
8 (4) The department shall establish and collect fees for certificates
9 of competency for swimming pool operators as provided in sections 38-151
10 to 38-157. All fees collected under this subsection shall be remitted to
11 the State Treasurer for credit to the Environmental Safety Cash Fund.
12 (5) All rules and regulations adopted prior to the operative date of
13 this act under sections 4 to 10 of this act, as such sections existed
14 prior to such date, shall continue to be effective to the extent not in
15 conflict with the changes made by this legislative bill until amended or
16 repealed by the department.
17 (6) All licenses, permits, or other forms of approval issued prior
18 to the operative date of this act in accordance with sections 4 to 10 of
19 this act, as such sections existed prior to such date, shall remain valid
20 as issued for purposes of the changes made by this legislative bill
21 unless revoked or otherwise terminated by law.
22 (7) Any suit, action, or other proceeding, judicial or
23 administrative, which was lawfully commenced prior to the operative date
24 of this act under sections 4 to 10 of this act, as such sections existed
25 prior to such date, shall be subject to the provisions of such sections
26 as they existed prior to the operative date of this act.
27 Sec. 9. Section 71-4306, Reissue Revised Statutes of Nebraska, is
28 amended to read:
29 71-4306 Whenever any duly authorized representative of the
30 department finds Department of Health and Human Services shall find that
31 a swimming pool is being constructed, equipped, or operated in violation
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1 of any of the provisions of sections 4 to 10 of this act 71-4301 to
2 71-4307, the department may grant such time as in its opinion may
3 reasonably be necessary for changing the construction or providing for
4 the proper operation of the swimming pool to meet the provisions of
5 sections 4 to 10 of this act 71-4301 to 71-4307. If and when the duly
6 authorized representative of the department upon inspection and
7 investigation of a swimming pool considers that the conditions are such
8 as to warrant prompt closing of such swimming pool until the provisions
9 of sections 4 to 10 of this act 71-4301 to 71-4307 are complied with, the
10 representative of the department he or she shall notify the owner or
11 operator of the swimming pool to prohibit any person from using the
12 swimming pool and upon such notification to the sheriff and the county
13 attorney of the county in which such pool is located, it shall be the
14 duty of such county attorney and sheriff shall cause to see that the
15 notice of the representative of the department to shall be enforced. If
16 and when the owner or operator of the pool has, in the opinion of the
17 department, met the provisions of sections 4 to 10 of this act 71-4301 to
18 71-4307, the department may in writing authorize the use again of such
19 swimming pool.
20 Sec. 10. Section 71-4307, Reissue Revised Statutes of Nebraska, is
21 amended to read:
22 71-4307 Any owner or operator of a swimming pool failing to comply
23 with any of the provisions of sections 4 to 10 of this act 71-4301 to
24 71-4307 shall be guilty of maintaining a public nuisance, and it shall be
25 the duty of the county attorney of the county in which such swimming pool
26 is located to act as provided by law for the abatement of public
27 nuisances.
28 Sec. 11. Section 71-3101, Reissue Revised Statutes of Nebraska, is
29 amended to read:
30 71-3101 For purposes of As used in sections 11 to 17 of this act
31 71-3101 to 71-3107, unless the context otherwise requires:
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1 (1) Recreation camp means shall mean one or more temporary or
2 permanent tents, buildings, structures, or site pads, together with the
3 tract of land appertaining thereto, established or maintained for more
4 than a consecutive forty-eight-hour period as living quarters or sites
5 used for purposes of sleeping or the preparation and the serving of food
6 extending beyond the limits of a family group for children or adults, or
7 both, for recreation, education, or vacation purposes, and including
8 facilities located on either privately or publicly owned lands except
9 hotels or inns; and
10 (2) Person means shall mean any individual or group of individuals,
11 association, partnership, limited liability company, or corporation. ;
12 and
13 (3) Department shall mean the Department of Health and Human
14 Services.
15 Sec. 12. Section 71-3102, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 71-3102 Before any person shall directly or indirectly operate a
18 recreation camp he or she shall make an application to the department and
19 receive a valid permit for the operation of such camp. Application for
20 such a permit shall be made at least thirty days prior to the proposed
21 operation of the camp and shall be on forms supplied by the department
22 upon request. The application shall be in such form and contain such
23 information as the department may deem necessary to its determination
24 that the recreation camp will be operated and maintained in such a manner
25 as to protect and preserve the health and safety of the persons using the
26 camp and shall be accompanied by an annual fee. The department may
27 establish fees by regulation to defray the actual costs of issuing the
28 permit, conducting inspections, and other expenses incurred by the
29 department in carrying out this section. If the applicant is an
30 individual, the application shall include the applicant's social security
31 number. Where a person operates or is seeking to operate more than one
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1 recreation camp, a separate application shall be made for each camp. Such
2 a permit shall not be transferable or assignable. A permit It shall
3 expire on March 31 of the following year after one year from the date of
4 its issuance, upon a change of operator of the camp, or upon revocation.
5 If the department finds, after investigation, that the camp or the
6 proposed operation thereof conforms, or will con