81-1504.01. Department; reports required; contents.

The department shall provide the following information electronically to the Governor and to the Clerk of the Legislature by December 1 of each year:

(1) A report by type of service or aid provided by the use and distribution of federal funds received by the department. The report shall also include user fees, permit fees, license fees, and application fees authorized by the federal Environmental Protection Agency as follows:

(a) Actual expenditure of each budget program or authorized fees for the most recently completed state fiscal year, including a list of expenditures by funding source;

(b) Current budget and planned use and distribution of each budget program and authorized fees for the current state fiscal year, including a list of expenditures by funding source;

(c) A summary of the projected funding level of each budget program and authorized fees and the impact of federal mandates and regulations upon the future use of federal funding and authorized fees; and

(d) Program summaries including statistical summaries when applicable for the most recently completed state fiscal year and program activity goals for the current state fiscal year;

(2) A summary of regulations of the federal Environmental Protection Agency which the department is required to implement and which do not include federal funding assistance and the possible financial impact to the state and political subdivisions;

(3) A report by type of service or aid provided by the use and distribution of state general and cash funds, including user fees, permit fees, license fees, and application fees, to carry out activities that are not funded by federal grants as follows:

(a) Actual expenditure of state funds, by agency sections, for the most recently completed state fiscal year, including a breakdown of expenditures by personal services, operations, travel, capital outlay, and consulting and contractual services;

(b) Current budget and planned use and distribution of state funds, by budget program, for the current state fiscal year, including a breakdown of expenditures for aid and operations;

(c) A summary of projected program funding needs based upon the statutory requirements and public demand for services and the department's assessment of anticipated needs statewide; and

(d) Program summaries including statistical summaries when applicable for the most recently completed state fiscal year and program activity goals for the current state fiscal year;

(4) A report regarding staff turnover by job class and the department's assessment of its ability to hire and retain qualified staff considering the state's personnel pay plan;

(5) A report listing the method used by each new or existing licensee, permittee, or other person who is required by the department to establish proof of financial responsibility;

(6) A report for the previous state fiscal year relating to the purpose of the Nebraska Litter Reduction and Recycling Act and of funds credited to the Nebraska Litter Reduction and Recycling Fund;

(7) A report for the previous state fiscal year relating to the use of the Water Resources Cash Fund including details regarding the use and cost of activities carried out by the department and details regarding the use and cost of activities carried out by each natural resources district that received funds from the Water Resources Cash Fund;

(8) A report designed to identify emerging trends related to energy supply, demand, and conservation and to specify the level of statewide energy need within the following sectors: (a) Agricultural; (b) commercial; (c) residential; (d) industrial; (e) transportation; (f) utilities; (g) government; and (h) any other sector that the director determines to be useful, that shall include, but not be limited to:

(i) An assessment of the state's energy resources, including examination of the current energy supplies and any feasible alternative sources;

(ii) The estimated reduction in annual energy consumption resulting from various energy conservation measures;

(iii) The status of the ongoing studies of the department pursuant to subdivisions (35) through (58) of section 81-1504;

(iv) Recommendations to the Governor and the Legislature for administrative and legislative actions to accomplish the purposes of this section and section 81-1606; and

(v) The use of funds disbursed during the previous state fiscal year under sections 81-1635 to 81-1641. The use of such funds shall be reported each year until the funds are completely disbursed and all contractual obligations have expired or otherwise terminated;

(9) A report that documents all direct and indirect costs incurred in the previous fiscal year in carrying out the Livestock Waste Management Act, including (a) the number of inspections conducted, (b) the number of animal feeding operations with livestock waste control facilities, (c) the number of animal feeding operations inspected, (d) the size of the livestock waste control facilities, (e) the results of water quality monitoring programs, and (f) any other elements relating to carrying out the act. The Appropriations Committee of the Legislature shall review the report in its analysis of executive programs in order to verify that the revenue generated from fees was used solely to offset appropriate and reasonable costs associated with the Livestock Waste Management Act; and

(10) A report that documents all direct and indirect program costs incurred in the previous fiscal year in carrying out the air quality permit program as provided in section 81-1505.04. The Appropriations Committee of the Legislature shall review such report in its analysis of executive programs in order to verify that revenue generated from emission fees was used solely to offset appropriate and reasonable costs associated with the air quality permit program. The report shall identify costs incurred by the department to administer the permit program for each major source. In addition, the department shall identify costs incurred by primary activity and not specific to a major source.

Source:Laws 1991, LB 528, § 1; Laws 1993, LB 3, § 47; Laws 1993, LB 203, § 1; Laws 1994, LB 1034, § 2; Laws 2003, LB 143, § 9; Laws 2007, LB79, § 1; Laws 2012, LB782, § 201; Laws 2019, LB302, § 109; Laws 2026, LB1048, § 23.
Effective Date: July 18, 2026

Cross References