Utilities Section
Newsletter League of Nebraska Municipalities
May 2026
Legislative actions affect municipal utilities and public works departments By Lash Chaffin Utilities Section Director In addition to the changes in the bidding laws discussed in the April Utilities Section Newsletter, the 2026 Legislature adopted a number of other measures that will affect municipal utilities and public works departments. LB 397 amended the Nebraska Workers’ Compensation Act to remove the requirement of employers subject to the Act to have a safety committee. Employers have been required to have a safety committee since 1994. The safety committees create and maintain written injury prevention programs. LB 838 was adopted to deal with the federal government’s decision to cease the minting of pennies due to rising production costs. Under the bill, cash transactions are impacted but it does not apply to digital or non-cash payment methods such as credit cards, debit cards, checks, or electronic transfers, where exact cent amounts can still be processed without physical currency. If the final digit of a cash transaction ends in 1, 2, 6, or 7, the amount is rounded down to the nearest multiple of five cents. If the final digit of the cash transaction ends in 3, 4, 8, or 9, the amount is rounded up to the nearest multiple of five cents. For transactions totaling only 1 or 2 cents, the amount shall be rounded up to 5 cents. 1335 L Street Lincoln, NE 68508 (402) 476-2829 info@lonm.org
LB 972 broadens the authority of cities and villages to adopt an ordinance to authorize the operation of all-terrain vehicles and utility-type vehicles between sunrise and sunset and prior to sunrise for snow removal. LB 972 enables municipalities to adopt an ordinance to authorize the operation of all-terrain vehicles and utilitytype vehicles between sunset and sunrise if they meet the following conditions: • The headlight for the all-terrain vehicle or utility-type vehicle must display a white light. • For multiple beam headlights, the uppermost beam must sufficiently illuminate a person, vehicle, or object at a distance of at least 100 feet in front of the vehicle and the lowermost beam must illuminate them at a distance of at least 50 feet in front of the vehicle. • For single beam headlights, the headlight must illuminate a person, vehicle, or object at a distance of a least 100 feet in front of the vehicle, and the high intensity portion of the light must not project higher than the level of the center of the headlight. • ATV and utility-type vehicles
2026
LEGISLATIVE SESSION must also have a rear, red taillight that is plainly visible from a distance of 500 feet behind the vehicle. LB 1261 allows and clarifies the authority of a private entity to own a privately owned electric generation facility that is constructed to provide electricity to an industrial customer at a single site if the customer is projected to require a load greater than 1,000 megawatts. Several conditions must be met to allow this type of facility. • The privately owned generation facility must be co-located on or adjacent to the industrial customer, has an electrically equivalent point of grid interconnection to the customer, and has received approval from the Nebraska Power Review Board. • The privately owned electric supplier and consumer-owned utility providing retail electric service within the service area of the industrial customer must have executed a long-term Continued on page 2 Lash Chaffin Utilities Section Director Jackson Sash Utilities Field Representative