LB148 LB148
2021 2021
LEGISLATIVE BILL 148
Approved by the Governor March 31, 2021
Corrected Copy Introduced by Bostelman, 23.
A BILL FOR AN ACT relating to public health and welfare; to amend sections
2-3254, 38-108, 38-157, 38-158, 38-167, 38-179, 38-1,107, 38-1,115,
38-1,119, 46-1011, 46-1201, 46-1204.01, 46-1207, 46-1227.01, 46-1229,
46-1231, 46-1235, 46-1238, 71-1910, 71-2619, 71-2621, 71-2622, 71-3101,
71-3102, 71-3103, 71-3104, 71-3105, 71-3106, 71-3107, 71-4301, 71-4302,
71-4303, 71-4304, 71-4305, 71-4306, 71-4307, 71-4621, 71-4622, 71-4623,
71-4624, 71-4625, 71-4626, 71-4627, 71-4629, 71-4630, 71-4631, 71-4632,
71-4633, 71-4634, 71-4635, 71-5301, 71-5301.01, 71-5304, 71-5306, 71-5308,
71-5309, 71-5310, 71-5312.01, and 81-2121, Reissue Revised Statutes of
Nebraska, and sections 2-2626, 38-101, 38-121, 38-151, 38-155, 38-1,143,
46-602, 46-705, 46-1224, 71-5302, and 81-502, Revised Statutes Cumulative Supplement, 2020; to adopt the Environmental Safety Act; to transfer powers and duties from the Department of Health and Human Services to the Department of Environment and Energy; to define and redefine terms; to change provisions relating to testing of water samples, issuance of
licenses and permits, fees, water well contractors, recreation camps,
swimming pools, mobile home parks, and drinking water; to provide powers and duties regarding conflicts of interest and expenses of the Water Well Standards and Contractors' Licensing Board; to create funds; to harmonize provisions; to provide an operative date; to repeal the original sections;
and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Sections 1 to 32 of this act shall be known and may be cited as the Environmental Safety Act.
Sec. 2. The Legislature finds that:
(1) Best practices in environmental safety and protection recognize that the regulation of water supply and disposal infrastructure are connected;
(2) The proper design, construction, and monitoring of water and wastewater uses is critical for the safety and sustainability of communities in
the State of Nebraska;
(3) The regulation of mobile homes, recreation camps, and swimming pools provide fundamental environmental safety for persons who use them; and
(4) Consolidating the administration of state environmental safety programs and the environmental and water programs of the United States Environmental Protection Agency delegated to the State of Nebraska into the Department of Environment and Energy will better serve the communities in the State of Nebraska.
Sec. 3. For purposes of the Environmental Safety Act:
(1) Department means the Department of Environment and Energy; and
(2) Director means the Director of Environment and Energy.
Sec. 4. Section 71-4301, Reissue Revised Statutes of Nebraska, is amended to read:
71-4301 For purposes of sections 4 to 10 of this act 71-4301 to 71-4307,
unless the context otherwise requires: ,
(1) Swimming swimming pool means any artificial basin of water modified,
improved, constructed, or installed solely for the purpose of public swimming,
wading, diving, recreation, or instruction; .
(2) Swimming pool includes, but is not limited to, a pool serving a community, a subdivision, an apartment complex, a condominium, a club, a camp,
a school, an institution, a park, a manufactured home park, a hotel, a motel, a recreational area, or a water park; .
(3) Swimming pool includes a spa, hot tub, or whirlpool or similar device which (a) (1) is designed for recreational use and not to be drained, cleaned,
and refilled after each individual use and (b) (2) may consist of elements,
including, but not limited to, hydrojet circulation, hot water, cold water,
mineral baths, air induction systems, or any combination thereof; and .
(4) Swimming pool does not include an artificial lake, a pool at a private residence intended only for the use of the owner and guests, or a pool operated exclusively for medical treatment, physical therapy, water rescue training, or training of divers.
Sec. 5. Section 71-4302, Reissue Revised Statutes of Nebraska, is amended to read:
71-4302 The department Department of Health and Human Services shall prepare, adopt, and have available printed minimum sanitary and safety requirements in the form of regulations for the design, construction,
equipment, and operation of swimming pools and bather preparation facilities.
Such requirements shall include, but not be limited to, provisions for waiver or variance of design standards and the circumstances under which such waiver or variance may be granted.
Sec. 6. Section 71-4303, Reissue Revised Statutes of Nebraska, is amended
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to read:
71-4303 No swimming pool shall be constructed after January 1, 1970,
unless and until plans, specifications, and any additional information relative to such pool as may be requested by the department Department of Health and Human Services shall have been submitted to the such department and after review by the such department found to comply with the minimum sanitary and safety requirements provided in section 5 of this act 71-4302 and a permit for the construction of the pool issued by the such department.
Sec. 7. Section 71-4304, Reissue Revised Statutes of Nebraska, is amended to read:
71-4304 After January 1, 1970, swimming pools shall have equipment and shall be operated so as to comply with the minimum sanitary and safety requirements provided in section 5 of this act 71-4302. After such date no
swimming pool shall operate until it has received a permit from the department Department of Health and Human Services. Application for a permit to operate shall be submitted on forms provided by the such department. Swimming pools constructed prior to January 1, 1970, which do not fully comply with the minimum sanitary and safety requirements as regards design and construction may be continued in use for such period as the department may authorize if the equipment and operation of such swimming pool comply with the minimum sanitary and safety requirements.
Sec. 8. Section 71-4305, Reissue Revised Statutes of Nebraska, is amended to read:
71-4305 (1) The department Department of Health and Human Services shall make at least one inspection every year of each swimming pool to determine that such swimming pool complies with the minimum sanitary and safety requirements.
(2) The owner and operator of any swimming pool shall submit such operation and analytical records as may be requested at any time by the department to determine the sanitary and safety condition of the swimming pool.
(3) The department shall adopt and promulgate rules and regulations which classify swimming pools on the basis of criteria deemed appropriate by the department. The department shall charge engineering firms, swimming pool owners, and other appropriate parties fees established by rules and regulations for the review of plans and specifications of a swimming pool, the issuance of
a license or permit, the inspection of a swimming pool, and any other services rendered at a rate which defrays no more than the actual cost of the services provided. All fees shall be paid as a condition of annual renewal of licensure or of continuance of licensure. Fees collected under this subsection for the review of plans and specifications shall be remitted to the State Treasurer for credit to the Engineering Plan Review Cash Fund. All other fees collected under this subsection shall be remitted to the State Treasurer for credit to the Environmental Safety Health and Human Services Cash Fund. The department shall not charge a municipal corporation an inspection fee for an inspection of a swimming pool owned by such municipal corporation.
(4) The department shall establish and collect fees for certificates of
competency for swimming pool operators as provided in sections 38-151 to
38-157. All fees collected under this subsection shall be remitted to the State Treasurer for credit to the Environmental Safety Cash Fund.
(5) All rules and regulations adopted prior to the operative date of this act under sections 4 to 10 of this act, as such sections existed prior to such date, shall continue to be effective to the extent not in conflict with the changes made by this legislative bill until amended or repealed by the department.
(6) All licenses, permits, or other forms of approval issued prior to the operative date of this act in accordance with sections 4 to 10 of this act, as such sections existed prior to such date, shall remain valid as issued for purposes of the changes made by this legislative bill unless revoked or
otherwise terminated by law.
(7) Any suit, action, or other proceeding, judicial or administrative,
which was lawfully commenced prior to the operative date of this act under sections 4 to 10 of this act, as such sections existed prior to such date,
shall be subject to the provisions of such sections as they existed prior to
the operative date of this act.
Sec. 9. Section 71-4306, Reissue Revised Statutes of Nebraska, is amended to read:
71-4306 Whenever any duly authorized representative of the department finds Department of Health and Human Services shall find that a swimming pool is being constructed, equipped, or operated in violation of any of the provisions of sections 4 to 10 of this act 71-4301 to 71-4307, the department may grant such time as in its opinion may reasonably be necessary for changing the construction or providing for the proper operation of the swimming pool to
meet the provisions of sections 4 to 10 of this act 71-4301 to 71-4307. If and when the duly authorized representative of the department upon inspection and investigation of a swimming pool considers that the conditions are such as to warrant prompt closing of such swimming pool until the provisions of sections 4
to 10 of this act 71-4301 to 71-4307 are complied with, the representative of
the department he or she shall notify the owner or operator of the swimming pool to prohibit any person from using the swimming pool and upon such notification to the sheriff and the county attorney of the county in which such pool is located, it shall be the duty of such county attorney and sheriff shall cause to see that the notice of the representative of the department to shall be enforced. If and when the owner or operator of the pool has, in the opinion of the department, met the provisions of sections 4 to 10 of this act 71-4301
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to 71-4307, the department may in writing authorize the use again of such swimming pool.
Sec. 10. Section 71-4307, Reissue Revised Statutes of Nebraska, is amended to read:
71-4307 Any owner or operator of a swimming pool failing to comply with any of the provisions of sections 4 to 10 of this act 71-4301 to 71-4307 shall be guilty of maintaining a public nuisance, and it shall be the duty of the county attorney of the county in which such swimming pool is located to act as
provided by law for the abatement of public nuisances.
Sec. 11. Section 71-3101, Reissue Revised Statutes of Nebraska, is amended to read:
71-3101 For purposes of As used in sections 11 to 17 of this act 71-3101
to 71-3107, unless the context otherwise requires:
(1) Recreation camp means shall mean one or more temporary or permanent tents, buildings, structures, or site pads, together with the tract of land appertaining thereto, established or maintained for more than a consecutive forty-eight-hour period as living quarters or sites used for purposes of
sleeping or the preparation and the serving of food extending beyond the limits of a family group for children or adults, or both, for recreation, education,
or vacation purposes, and including facilities located on either privately or
publicly owned lands except hotels or inns; and
(2) Person means shall mean any individual or group of individuals,
association, partnership, limited liability company, or corporation. ; and
(3) Department shall mean the Department of Health and Human Services.
Sec. 12. Section 71-3102, Reissue Revised Statutes of Nebraska, is amended to read:
71-3102 Before any person shall directly or indirectly operate a recreation camp he or she shall make an application to the department and receive a valid permit for the operation of such camp. Application for such a permit shall be made at least thirty days prior to the proposed operation of
the camp and shall be on forms supplied by the department upon request. The application shall be in such form and contain such information as the department may deem necessary to its determination that the recreation camp will be operated and maintained in such a manner as to protect and preserve the health and safety of the persons using the camp and shall be accompanied by an annual fee. The department may establish fees by regulation to defray the actual costs of issuing the permit, conducting inspections, and other expenses incurred by the department in carrying out this section. If the applicant is an individual, the application shall include the applicant's social security number. Where a person operates or is seeking to operate more than one recreation camp, a separate application shall be made for each camp. Such a permit shall not be transferable or assignable. A permit It shall expire on
March 31 of the following year after one year from the date of its issuance,
upon a change of operator of the camp, or upon revocation. If the department finds, after investigation, that the camp or the proposed operation thereof conforms, or will conform, to the minimum standards for recreation camps, a permit on a form prescribed by the department shall be issued for operation of
the camp. All fees shall be remitted to the State Treasurer for credit to the Environmental Safety Health and Human Services Cash Fund.
Sec. 13. Section 71-3103, Reissue Revised Statutes of Nebraska, is amended to read:
71-3103 It shall be the duty of the department to make at least one annual inspection of each recreation camp. The duly authorized representatives of the department shall have the right of entry and access to any such camp at any reasonable time.
Where, upon inspection, it is found that there is failure to protect the health and safety of the persons using the camp, or a failure to comply with the camp regulations prescribed by the department, the department shall give notice to the camp operator of such failure, which notice shall set forth the reason or reasons for such failure.
Sec. 14. Section 71-3104, Reissue Revised Statutes of Nebraska, is amended to read:
71-3104 (1) A permit may be temporarily suspended by the department for failure to protect the health and safety of the occupants of the camp or
failure to comply with the camp regulations prescribed by the department.
(2) A permit may be revoked at any time, after notice and opportunity for
a fair hearing held by the department, if it is found that the camp for which the permit is issued is maintained or operated in violation of law or of any regulations applicable to a camp or in violation of the conditions stated in
the permit. A new permit shall not be issued until the department is satisfied that the camp will be operated in compliance with the law and regulations.
Sec. 15. Section 71-3105, Reissue Revised Statutes of Nebraska, is amended to read:
71-3105 (1) The department is authorized to and shall formulate, adopt,
publish, promulgate, and enforce such reasonable rules and regulations as it deems necessary to enforce the provisions of sections 11 to 17 of this act
71-3101 to 71-3107 and to protect the health and welfare of persons in
attendance at recreation camps.
(2) All rules and regulations adopted prior to the operative date of this act under sections 11 to 17 of this act, as such sections existed prior to such date, shall continue to be effective to the extent not in conflict with the changes made by this legislative bill and until amended or repealed by the department.
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(3) All permits or other forms of approval issued prior to the operative date of this act in accordance with sections 11 to 17 of this act, as such sections existed prior to such date, shall remain valid as issued for purposes of the changes made by this legislative bill unless revoked or otherwise terminated by law.
(4) Any suit, action, or other proceeding, judicial or administrative,
which was lawfully commenced prior to the operative date of this act under sections 11 to 17 of this act, as such sections existed prior to such date,
shall be subject to the provisions of such sections as they existed prior to
the operative date of this act.
Sec. 16. Section 71-3106, Reissue Revised Statutes of Nebraska, is amended to read:
71-3106 Properly prepared plans for all recreation camps which are hereafter constructed, reconstructed, or extensively altered shall be submitted to the department before such work is begun. Signed approval shall be obtained from the department.
Sec. 17. Section 71-3107, Reissue Revised Statutes of Nebraska, is amended to read:
71-3107 Any person who shall violate any of the provisions of sections 11
to 17 of this act 71-3101 to 71-3107 or of the regulations or standards adopted and promulgated under such sections hereunder shall be guilty of a Class V
misdemeanor.
Sec. 18. Section 71-4634, Reissue Revised Statutes of Nebraska, is amended to read:
71-4634 Sections 18 to 31 of this act 71-4621 to 71-4634 shall be known and may be cited as the Uniform Standard Code for Mobile Home Parks.
Sec. 19. Section 71-4621, Reissue Revised Statutes of Nebraska, is amended to read:
71-4621 As used in the Uniform Standard Code for Mobile Home Parks, unless the context otherwise requires:
(1) Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without
a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more uni