May 2024 Utilities Section Newsletter

Utilities Section Newsletter

League of Nebraska Municipalities

May 2024

Legislature impacts municipal utilities and public works departments

By Lash Chaffin, Utilities Section Director

The 2024 Legislature adopted numerous bills that will affect municipal utilities and public works departments. LB 1317 contained a number of provisions related to electric vehicle charging stations.

• Private entities that are not public power entities will be authorized to charge by the kilowatt hour for electric vehicle charging station. This is required in order to receive federal funding for electric vehicle charging stations;

• The establishment of an excise tax that will begin on Jan. 1, 2028, of three cents per kilowatt hour on the electric energy used to charge the battery of a motor vehicle at a commercial electric vehicle charging station, and a sales tax exemption operative on Jan. 1, 2025, for electric energy when stored, used, or consumed by a motor vehicle and the electricity is subject to the excise tax;

• A registration fee for plug-in hybrid electric vehicles of $75;

• Strict limits on public power development, ownership and operation until Jan. 1, 2028;

• Effective on Jan. 1, 2028, a public power electric supplier has broader authority to develop, own, maintain, or operate a direct-current, fast-charging station outside of 10 miles of a

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privately owned direct-current fast-charging station that is already in commercial operation or has a pending building permit and interconnection request to the electric supplier, on Jan. 1, 2028; and

• A public power electric supplier that operates a direct-current, fast-charging station shall have rates, tolls, rents, and charges that are fair, reasonable, and nondiscriminatory, and available to all direct current, fast-charging station operators in the electric supplier's service territory for the purpose of operating directcurrent, fast-charging stations.

LB 61 removes some of the barriers on public entities such as municipalities, counties, and power districts from leasing publicly owned fiber-optic facilities.

Public entities such as municipalities, counties, and power districts can lease fiberoptic technology subject to fewer limitations when broadband is not available to a location by fiberoptic technology, cable modem or hybrid fiber-coaxial technology, and at speeds of at least 100 megabits per second for downloading and at least 20 megabits per second for uploading with a latency

sufficient to support real-time, interactive applications. Terrestrial fixed wireless technology is not considered broadband for purposes of this law. Thus, if a location is served by terrestrial fixed wireless technology, then the public entity can lease publicly owned fiber optic technology with fewer limitations.

• Public entities such as municipalities and power districts will be limited in their ability to lease fiber-optic technology to a location if there is an “enforceable commitment” between the State of Nebraska or the federal government which the internet service provider receives a grant of federal or state funds in exchange for the internet service provider deploying broadband service infrastructure to one or more locations at speeds of at least 100 megabits per second for downloading and at least 20 megabits per second.

• The lease rate must fall withing a “safe harbor range” set by the Public Service Commission. The current safe harbor range is $20 per strand, per mile to $200 per

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Lash Chaffin

Utilities Section Director Jackson Sash Utilities Field Representative

Legislature impacts municipal utilities and public works departments

Continued from page 1 strand, per mile monthly.

• The lease must then be filed with the Public Service Commission.

The Public Service Commission must then give notice to all internet providers in the county.

• Within 30 days, an internet provider may then challenge the lease alleging that the lease does not serve an unserved location. The Public Service Commission will make a determination regarding such alleged violation within 30 days.

• If an internet provider files a challenge alleging that a location is not an unserved location and the Public Service Commission finds that it is an unserved location, the internet provider filing such challenge may be prohibited from filing any other challenge for a period of two years from the date such challenge under a novel “Cry Wolf Penalty.”

• No electric revenues can be used

to subsidize the lease.

• Revenues from the lease must be used for management and maintenance of the fiber-optics involved in the lease.

LB 1118 changes the law to require that appointed officials in cities of the second class can only be removed by the mayor with the consent of the city council. This language makes the law consistent with cities of the first class and villages.

LB 600 creates the Municipality Infrastructure Act administered by the Department of Economic Development. Cities of the first class, second class, or villages with a redevelopment plan approved under the Community Development Law are eligible to apply for grants to assist in funding infrastructure including water and sewer systems, roads, bridges, and other site development activities. Five million dollars has been appropriated for this program.

LB 1335 amends Nebraska law

Utilities Section Executive Board

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to be consistent with federal law on when a state agency, political subdivision, or their agent or contractor needs to strictly comply with the Nongame and Endangered Species Act. Some of the changes include: retaining the requirement that initial state agency decisions creating new transportation infrastructure or increasing the area of transportation infrastructure are subject to the current process of review and mitigation for state listed threatened and endangered species; exempting subsequent state agency actions in furtherance of lawful duties related to transportation infrastructure from the current process review and mitigation for state listed threatened and endangered species; requiring the Department of Transportation to consider the impacts of its decisions on all threatened and endangered species as it relates to its primary purposes for transportation infrastructure; Continued on page 3

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Legislature impacts municipal utilities and public works departments

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and expressly declaring that public roads including associated right-ofway are man-made structures and are not critical habitat.

LB 366 makes several changes to the public records statutes. First, it makes a distinction between residents and nonresidents and provides that nonresidents may be charged for all staff time, including attorney’s fees, for fulfilling public records requests. For residents, including news media, the cost of producing copies of public records cannot include the first eight cumulative hours of staff

time. The bill also provides that for residents, there can be no charge for the services of an attorney, or any other person, to review the requested public records seeking a legal basis to withhold the records from the public.

LB 637 amends the Open Meetings Act to provide that except for closed sessions, “a public body shall allow members of the public an opportunity to speak at each meeting.” Many government attorneys are working to get further interpretation of this new law.

LB 304 requires political subdivisions, which includes

municipalities, to publicly disclose on their website membership dues paid annually to any association or organization, and fees paid for lobbying services. If a municipality does not have a website, the information must be made available upon request to any member of the public at the office of the municipality.

Engineering a world where everyone thrives.

SAFETY/HEALTH CORNER

Slips, trips, and falls prevention

By Jackson Sash, Utilities Field Rep./Training Coordinator

Slips, trips, and falls are among the most common causes of workplace injuries, particularly in environments where utility workers operate. These incidents can lead to severe injuries, including fractures, sprains, and even fatalities. Given the demanding nature of utility work, it is crucial to implement effective measures to prevent such

accidents. This article explores the key strategies to mitigate slips, trips, and falls, ensuring the safety and well-being of workers.

Identifying and Mitigating

Tripping Hazards Hazards

Recognize Common Hazards: Tripping hazards are prevalent in utility work zones due to uneven surfaces, exposed cables and pipes, and debris. Workers should be trained to identify these hazards and report them immediately.

Regular site inspections can help in early detection and rectification of potential tripping points. Hazards that cannot be removed or cleared need to be clearly marked.

Maintain Clear Walkways: Keeping walkways clear of tools, equipment, and materials is essential. Designated storage areas should be used for keeping tools and materials when not in use. Signage and barriers also can be employed to direct foot traffic away from hazardous areas.

Maintaining Clean and Organized Clean and

Work Areas Areas

Regular Housekeeping: A clean and organized work area is less likely to harbor tripping hazards. Regular housekeeping practices should be established, including routine sweeping, waste disposal, and organizing tools and equipment.

Spill Control: Slippery surfaces due to spills of water, oil, or other substances can lead to slips. Spill containment measures should be in place, and workers should be trained in spill response procedures. Absorbent materials and spill kits should be readily available on-site.

Lighting: Adequate lighting is essential in identifying and avoiding tripping hazards. Proper illumination of work areas, pathways, and access points can significantly reduce the risk of trips

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 Utilities Section Newsletter

Slips, trips, and falls prevention

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Use of Anti-Slip Footwear and Mats

U s e o f A n t i - S l i p F o o t w e a r a n d

a stipend or reimbursement for required clothing and footwear. This is to ensure that a given employee is wearing appropriate clothing that is also in good repair.

of preventing slips, trips, and falls. Training should include hazard recognition, proper housekeeping practices, and the correct use of PPE (Personal Protective Equipment).

Appropriate Footwear: Workers should be required to wear footwear that is appropriate for the job at hand. Generally, that is something that offers good traction and support. Anti-slip soles can help prevent slips on wet or oily surfaces. Footwear should also be regularly inspected and replaced when worn out. Industry professionals highly recommend that employers provide

Anti-Slip Mats and Treads: Installing anti-slip mats in hightraffic areas, especially those prone to becoming slippery, can provide additional traction. Similarly, antislip treads on stairs and steps can prevent falls.

Training and Awareness and Awareness

Safety Training: Regular training sessions should be conducted to educate workers on the importance

Awareness Campaigns: Safety campaigns can be an effective way to keep the importance of slips, trips, and falls prevention in the minds of workers. Posters, newsletters, and safety meetings can reinforce the message and encourage a proactive safety culture.

Emergency Preparedness

First Aid Training: Workers

Continued on page 5 and falls, especially during lowlight conditions or night shifts.

 Utilities Section Newsletter

Slips, trips, and falls prevention

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should be trained in basic first aid to respond effectively if an incident occurs. Having first aid kits accessible at multiple points within the work area is also critical.

Emergency Procedures: Clear emergency procedures should be in place, including evacuation routes, assembly points, and who should be notified of an incident. Regular drills should be conducted to ensure all workers are familiar with these procedures. In the case of a serious incident, 911 should be the first call made.

Conclusion Conclusion

Preventing slips, trips, and falls in the workplace is an ongoing process that requires vigilance, proper training, and the implementation of effective safety measures. For utility workers, the hazards are numerous and varied, but with a commitment to safety, these risks can be significantly reduced. By maintaining clean and organized work areas, using appropriate footwear and mats, and fostering a culture of safety through training

and awareness, we can ensure a safer work environment for all. Remember, safety is everyone's responsibility—let's work together to keep each other safe.

Utilities Section members can place an ad in the classifieds section of the Utilities Section Newsletter for free. Email your ad to brendah@ lonm.org.

Electric Rubber Gloving School held

By Jackson Sash, Utilities Field Rep./Training Coordinator

The Eastern Nebraska Rubber Gloving School was held May 2123, at the Utility Line Facility on the Northeast Community College Campus in Norfolk. Five municipal systems participated this year with linemen from Grand Island, Hastings, Nebraska City, Superior, and West Point.

The first morning started with brief vendor presentations, but unfortunately our first day of handson training was rained out. In place of hands-on training, Corey Stoffers with BSE, Garry Poutre with Moehn Sales, and Jason Bowman with Utility Solutions presented classroom training. The participants then were split into hands-on work groups based on experience level, either advanced, intermediate, or novice. The advanced groups covered cutting in and out a double deadend, as well as leaning and setting a new pole followed by transferring conductors. The intermediate groups covered suspension trauma, transformer changeout using belt and hooks, regulator training, changing a threephase crossarm, and cutting in and

out a set of bells to isolate the line. The novice groups covered basics with rubber gloving techniques, proper set-up of trucks, inspection of equipment, changing a single-phase transformer, and insulator and bell changeouts.

A special thanks to the instructors and their respective companies: Ethan McGowan of Grand Island Utilities, Brian Soukup of Perennial PPD, Brian

Small of Butler PPD, Kyle Kester of Elkhorn PPD, Troy Norman of Cornhusker PPD, Willy Anderson of Cuming County PPD, Mike Larson of Stanton County PPD, Luke Bloomendahl of Burt County PPD, and Luke Kalin of Northeast Power.

On behalf of the Utilities Section and the Rural Electric Association, a special thanks to the companies that provided trucks, demo trailers, material, and their knowledge when performing rubber gloving techniques. Those not previously mentioned are Jay Wilt with Energy Solutions who provided Sonetics headsets to communicate from up in the bucket to the personnel on the

ground, Terex provided two trucks, and Altec also provided two trucks. The next Rubber Gloving School is scheduled for Aug. 27-29, 2024, in Sidney at the Don Winkelman Training Field, the Wheatbelt Public Power District’s training field located on the north edge of Sidney. Participants may be limited so be sure to register in advance so meals, materials, and workstations can be scheduled.

Do you need to get a wastewater or water operator certified?

Check the following websites for information on training and test dates.

• Nebraska Water Environment Association – www.nebwea. org

• Nebraska Rural Water Association – www.nerwa.org

• Nebraska Department of Environment and Energy –www.deq.state.ne.us

Leaning and setting new pole

Cutting in and out a double deadend

Transformer changeout using belt and hooks

June

Utilities Section Newsletter

2024 Training calendar

Visit our website for a complete list of workshops and conferences.

June 5 .......... Solid Waste Screening Workshop ......................Dawes County Fairgrounds 4-H Bldg., Chadron

June 7 .......... Solid Waste Screening Workshop ......................Community Meeting Room 3rd Fl., Columbus

June 20 ........ Solid Waste Screening Workshop ......................Hastings Airport Terminal Building, Hastings

June 21 ........ Solid Waste Screening Workshop ......................Hastings Airport Terminal Building, Hastings

June 12-14 ... Municipal Accounting & Finance Conference ...Cornhusker Marriott Hotel, Lincoln

July

July 24-25.... Power & Equipment Show .................................Chuck Pohlman Ag Complex, Norfolk

August

Aug. 13 ........ Backflow Workshop ...........................................Valentino's, Beatrice

Aug. 14 ........ Backflow Workshop ...........................................Fire Hall, Wayne

Aug. 15 ........Water Operator Training Workshop ...................Seward

Aug. 20 ........ Backflow Workshop ...........................................MidPlains Community College, Ogallala

Aug. 21 ........ Backflow Workshop ...........................................Full Circle Venue (downtown), Grand Island

Aug. 22 ........Water Operator Training Workshop ...................Grand Island

Service Awards

Remember to recognize your employees’ anniversary milestones. The League provides certificates for 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, and 65.

You can request them by emailing brendah@ lonm.org.

Retirements: Let us help recognize those municipal employees who are retiring after years of service.

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