League of Nebraska Municipalities
May 2025
2025 Legislature impacts municipal utilities and public works departments
By Lash Chaffin, Utilities Section Director
As the 2025 Nebraska Legislature wraps up its work for 2025, they have adopted several measures which will impact utilities and public works departments.
LB 36 was amended to include several unrelated measures that will affect municipal utilities and public works departments.
LB 36 included the provisions of what was originally LB 309. This measure sets forth the initial steps to create a robust system for the recycling of batteries. The measure requires that beginning Jan. 1, 2028, no producer or retailer may sell, offer for sale, or distribute for sale in Nebraska, certain batteries or battery-containing products unless the producer of the covered battery or battery-containing product is identified and is a member of a battery stewardship organization (BSO) operated under a battery stewardship plan (Plan) approved by the Department of Environment and Energy (DEE). The BSO Plan must include duties and responsibilities to provide for collection sites, annual reports, and provide for collecting all costs associated with implementing the plan. So, sellers of batteries will be paying for a recycling system for those batteries.
The initial program will be limited to the following types of batteries or projects containing a battery:
• Batteries that are not capable of being recharged that weigh more
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than four and four-tenths pounds but not more than 25 pounds.
• Rechargeable batteries that weigh more than 11 pounds or have a rating of more than 300 watthours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours.
There are exemptions to the initial program:
• Computers, monitors, keyboards and mice.
• Small scale servers.
• Printers, fax machines, and scanners.
• Televisions, digital video disc players and recorders, video cassette recorders, digital converter boxes, cable receivers, satellite receivers, portable digital music players, and video game consoles.
• Batteries contained in a medical device regulated under the Federal Food, Drug, and Cosmetic Act, and is not designed or marketed for sale or resale at retail locations for personal use.
• Batteries that contain an electrolyte as a free liquid or a product that contains such a battery.
• Batteries designed to power a motor vehicle, part of a motor vehicle, or a component part of a motor vehicle assembled by, or for, a vehicle manufacturer
or franchised dealer, including replacement parts for use in a motor vehicle
• Batteries in a product that is not intended or designed to be easily removable from the product
LB 36 also included the provisions of LB 590 which gives the Nebraska Department of Transportation the authority to operate a mitigation bank or in-lieu fee program by contracting with public and private parties to meet its mitigation obligations for endangered species and other environmental impacts under state and federal law. The current use of a similar concept for wetlands mitigation has been very successful in expediting transportation projects.
LB 36 also included the provisions of what was originally LB 344 which replaces an existing law and a law currently on the books set to take effect in 2026 that set the parameters of how municipal water use can be regulated in a Natural Resources District Integrated Management Plan (IMP) in a fully or over appropriated basin. The new language exempts most municipal water use from potential regulation in an IMP except beginning in 2026, that any NEW or EXPANDED customer with an annual use in excess of 25 million gallons could be subject to regulation under an IMP. However, the new language also limits the IMP regulatory scope to some reporting and potential mitigation of the “consumptive” water use by the
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Lash Chaffin
Utilities Section Newsletter
2025 Legislature
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customer which would allow some credit for wastewater flow and other returns to the system.
LB 317 merged the Department of Environment and Energy with the Department of Natural Resources. The merged agency is now called the Department of Water, Energy and Environment. The newly merged agency will be managed by two directors titled the Director of Water, Energy, and Environment and the Chief Water Officer (CWO). The CWO would retain the authority and duties previously prescribed for the administration of duties of the former Department of Natural Resources.
LB 43 restricts electric suppliers
from using “electronic components” that were manufactured by foreign adversaries within 10 miles of any siloed missiles. The measure requires impacted utilities to work with their vendors and to certify to the Power Review Board that they are in compliance with the law before installation can occur. This certification can be via a one-time letter to the Power Review Board. There are other provisions of the law related to the inability to purchase complaint electronic components and additional requirements for transmission facilities.
LB 526 adds some requirements on a public power supplier to conduct a load study to determine the costs,
impacts, and upgrades necessitated before serving a cryptocurrency mining customer consuming over 1,000 kWh annually. The public power supplier must publicly publish on its website the number of cryptocurrency mining operations under the supplier’s jurisdiction and the annual energy usage of each operation. Also, as amended by AM691 , LB 526 allows a public power supplier to interrupt the cryptocurrency mining operations electric service according to the supplier’s established rate schedules and policies. This section seems to require that the cryptocurrency mining operation be on some form of an interruptible rate.
Storm Season and Scorching Days: Working smart in Nebraska’s summer SAFETY/HEALTH CORNER
By Jackson Sash, Utilities Field Rep./ Training Coordinator
As summer settles in across Nebraska, municipal employees once again find themselves on the front lines of seasonal weather challenges. From intense thunderstorms to prolonged heat waves, municipal workers, especially those in utilities, streets, and
parks, often face increased risk while continuing to deliver essential services.
Ensuring your own safety, along with that of your coworkers and community, requires a proactive approach to both severe storms and extreme heat.
Storm Preparedness: Before, During, and After Storms can strike quickly and with little
warning. While utility crews and public works staff are often called out during and after a storm, personal preparation remains essential. Ahead of the storm season, review emergency response plans not just for your department, but for yourself and your family. Knowing your own household is prepared allows you to focus on your professional responsibilities when the time comes.
It’s important to keep your municipal vehicle or work truck ready for rapid deployment. Stock basic safety gear like flashlights, reflective vests, extra drinking water, and firstaid kits. If you’re in a supervisory role, doublecheck that communication devices are working, and that crew assignments and storm protocols are
clear and understood by all employees.
If you’re caught working during the onset of severe weather, such as a rapidly approaching thunderstorm, high winds, or a tornado warning, your immediate priority should be personal safety. Discontinue all tasks and move quickly to a designated safe shelter. Do not attempt to outrun storms or “wait it out” in open areas, under trees, or inside unsecured structures like garages or sheds. If you’re in a vehicle and no sturdy shelter is nearby, remain inside with your seat belt on and avoid parking near trees, power lines, or flood-prone areas. In the event of a tornado warning, seek shelter in a low-lying interior room of a sturdy structure, away
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we’re helping our clients push open the doors to what’s possible, every day.
Storm Season and Scorching Days
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from windows, or lie flat in a ditch if no better option exists. Always monitor weather alerts via radio or mobile device and stay in contact with your supervisor. Once the severe weather threat has passed, assess your surroundings carefully before returning to work, as storm damage may create new and serious hazards.
After the storm passes, cleanup and restoration efforts often extend for days or weeks. Fatigue and physical strain increase the risk of injury, especially when operating chainsaws, clearing debris, or making emergency utility repairs. Stay in communication with your team, rotate tasks when possible, and speak up if you're feeling unwell or unsure about a particular hazard. It's also helpful to document storm damage clearly and methodically –photos and written observations can assist with insurance claims down the line.
Heat Hazards: Protecting Yourself in High Temperatures
Extreme heat is another persistent hazard throughout the summer, especially for those working outdoors or in confined spaces
like meter vaults, wastewater lift stations, or around asphalt. Hydration is not optional. Water should be available in every vehicle and on every job site, and employees should be encouraged to drink it frequently – even before they feel thirsty. Consider setting reminders if you tend to get absorbed in your work and forget to take breaks.
Light-colored, breathable clothing can help reflect the sun and keep body temperatures down. When possible, schedule the most physically demanding tasks for the early morning or late evening hours. Encourage your team to take cooling breaks in shaded or air-conditioned spaces, and don't underestimate the value of a cool towel around the neck or a few minutes inside to recover.
Recognizing the symptoms of heat-related illness can prevent a medical emergency. Heat exhaustion might present as dizziness, heavy sweating, or nausea. If not addressed quickly, it can escalate to heat stroke, which is a life-threatening condition requiring immediate medical attention. Any employee experiencing confusion, hot dry skin, or collapse should be treated
as an emergency case.
Crews that work closely together should look out for each other. It’s often easier to notice signs of heat stress or fatigue in someone else before you feel them yourself. Create a team culture where taking care of each other is part of the job – because it is.
Your Role Matters
Municipal employees are some of the first people residents see after a storm. You are a visible reminder that the community is still functioning, even in adversity. But that visibility comes with responsibility—not just to get the job done, but to do it safely and sustainably. By taking summer weather risks seriously and preparing accordingly, you help ensure that critical services remain reliable and that you and your team go home safe at the end of each day.
Engineering a world where everyone thrives.
Utilities Section Newsletter
Classifieds
Line Technician. The City of Auburn of Board of Public Works is accepting applications for an Electric Line Technician. Qualifications include successful completion of an accredited Journeyman Lineman program or consideration for a documented Journeyman Lineman through verifiable experience. Lineman apprentice applications will be accepted. Experience in construction, installation, maintenance and repair of electric transmission and distribution lines. Knowledgeable of and ability to
train in electrical distribution and transmission line construction, electrical apparatus such as singlephase transformers, three phase transformer banks, voltage testing, rotation and regulators and line switching clearance procedures and grounding. Compliance with all safety policies and procedures. Valid CDL or ability to obtain an acceptable driving record. Candidates will be subject to a criminal background check. Successfully pass DOT physicals/ drug tests as required. Ability to work outdoors in all types of
weather conditions. Must reside within 30 miles of Service Center at 1604 O Street, Auburn, NE. The starting pay rate for this position is $32.24 - $37.78 per hour depending on experience. Job description is available upon request. Applications are available at auburnbpw.com. Return to: Board of Public Works at 1600 O Street, Auburn, NE 68305. For questions about the position contact Kevin Kuhlmann or Ray Luhring at (402)-274-4981. Position will remain open until filled.
Utilities Section Newsletter
2025 Training calendar
Visit
June
June 3-5
Rubber Gloving, Underground, & Apparatus Training
Northeast Community College, Norfolk
June 18-20 ..... Municipal Accounting & Finance Conference ...... Embassy Suites, Lincoln
August
Aug. 12 .......... Backflow Workshop .............................................. Valentino's, Beatrice
Aug. 13 Backflow Workshop Fire Hall, Wayne
Aug. 14
Water Operator Training Workshop
Aug. 19 .......... Backflow Workshop ..............................................
Aug. 20
Backflow Workshop
South Sioux City
Mid-Plains Community College, Ogallala
Full Circle Venue (downtown), Grand Island
Utilities Section Executive Board
