March 29-April 1, 2021

UNICAMERAL UPDATE News published daily at Update.Legislature.ne.gov Vol. 44, #13 / March 29 - April 1, 2021 Legal framework for carbon Seizure action sequestration advanced plans for students advanced bill that would require Nebras- ka schools to create individual- A ized health plans for students with seizure disorders advanced from the first round of debate March 29. Under LB639, introduced by Oma- ha Sen. Jen Day, a school with an enrolled student who has a seizure disorder and re- quires medication would have at least one employee at Sen. Jen Day each school building who is trained to Sen. Michael Flood said state oversight and a federal permitting process would ensure that recognize and respond to seizures and carbon dioxide could be injected thousands of feet underground without compromising administer the medications. Nebraska’s groundwater. Day said LB639 would ensure that awmakers gave first-round tive in states like California that have schools are prepared to help students approval March 30 to a bill adopted low-carbon fuel standards. diagnosed with seizure disorders and L that would create a legal and “This bill is the unique intersection students who have first-time seizures regulatory framework for the geologic of addressing climate change and an while at school. storage of carbon dioxide in Nebraska. opportunity for Nebraska agriculture “Literal seconds can mean the Under LB650, sponsored by Nor- and Nebraska industries to profit from difference in these children’s quality folk Sen. Michael Flood, the Nebraska the same,” Flood said. of life and in preventing potentially Oil and Gas Conservation Commis- LB650 would allow geologic stor- life-altering brain damage,” she said. sion would regulate facilities that age only if a storage operator obtains Day said a 2014 survey found that inject carbon dioxide through wells a permit from both the commission only 17 percent of Nebraska teachers into underground geologic formations and the Environmental Protection have received training on epilepsy or for permanent or short-term storage. Agency’s Underground Injection Con- other seizure disorders and nearly 40 Flood said capturing carbon diox- trol program. Before the commission percent wanted to receive such training. ide emissions from ethanol produc- issues a permit, it would hold a public Before a school employee could tion, electricity generation and manu- hearing and consult with the state De- administer seizure medication, a stu- facturing would increase Nebraska’s partment of Environment and Energy dent’s parent or guardian would pro- market share for low-carbon products and the federal permitting authority. vide a written authorization, a written and cut greenhouse gas emissions. The commission must find that the statement from the student’s doctor Nebraska ethanol plants in par- proposed storage facility would not en- and the medication in its unopened, ticular could use the technology to danger surface waters or underground sealed package with the intact label reduce their carbon scores, he said, drinking water sources and that the affixed by the dispensing pharmacy. making their ethanol more competi- (continued page 2) (continued page 3) INSIDE: Bare-knuckle boxing, kickboxing bill advanced • Expanded fireworks sales advanced March 29 - April 1, 2021 Legal framework for carbon sequestration advanced (continued from front page) storage operator would establish a gas operations. but the Legislature should consider testing and monitoring plan to assess Sen. Dan Hughes of Venango sup- limiting the size of storage reservoirs the location and migration of injected ported the bill. After consulting with to avoid infringing on the property carbon dioxide. State Geologist Matt Joeckel, Hughes rights of nearby landowners. Before issuing a permit, the com- said, he is confident that carbon diox- Cavanaugh said the bill is a step mission also must find that the stor- ide can be stored safely at certain sites toward factoring the external cost of age operator obtained the consent of in Nebraska for the long term. a product’s carbon dioxide emissions those who own portions of the storage Hughes said industries that emit into its price, with the goal of mitigat- reservoir comprising at least 60 per- carbon dioxide could invest more than ing climate change. He said Flood’s cent of the reservoir’s physical volume. $1 billion in carbon capture and stor- proposal shows that addressing cli- The bill would authorize the com- age projects in the state. mate change can present economic mission to require that any portions of “It’s an opportunity that Nebraska opportunities for Nebraska industries the reservoir owned by nonconsenting should grab hold of because I think and products. owners be included in a storage facil- it could be a very large investment “There is an opportunity to im- ity. Those owners would be “equitably for our state and a huge boost to our prove our state by taking actions on compensated.” economy,” he said. climate change,” Cavanaugh said, LB650 would require storage op- North Platte Sen. Mike Groene “and this is one of them.” erators to pay the commission two fees also supported LB650. Although the Sen. Justin Wayne of Omaha, who on each ton of carbon dioxide injected proposal sounded “a little science fic- also did not vote to advance the bill for storage, one to defray administra- tion” at first, he said, it is a proactive from committee, said his primary tive expenses and another to defray measure that would give Nebraska eth- concern is that LB650 would create expenses incurred in the long-term anol plants an economic advantage. a process by which the state would monitoring and management of a Groene said the bill also could al- assume liability for a carbon dioxide closed storage facility. low Nebraska Public Power District to storage facility. Senators voted 40-0 to adopt a sequester the carbon dioxide emitted “I just have a problem when a com- Natural Resources Committee amend- by the coal-fired Gerald Gentleman pany may be able to profit and then ment. Brainard Sen. Bruce Bostel- Station near Sutherland. close its door and the state assumes the man, the committee’s chairperson, Omaha Sen. John Cavanaugh sup- liability for anything that goes wrong,” said it makes technical clarifications, ported the bill, although he did not Wayne said. adds a severance clause and ensures vote to advance it from committee. Senators voted 41-0 to advance that LB650 would not interfere with Public testimony on LB650 allayed LB650 to select file. n the commission’s regulation of oil and many of his initial concerns, he said, UNICAMERAL UPDATE The Unicameral Update is a free, weekly newsletter published during the legislative session. It is produced by the Clerk of the Legislature’s Office through the Unicameral Information Office. For print subscriptions, call 402-471-2788 or ailem [email protected]. Visit us online at Update.Legislature.ne.gov and follow us on Twitter.com/UnicamUpdate. Clerk of the Legislature: Patrick J. O’Donnell; Editor: Kate Heltzel; Writers: Kyle Harpster, Ami Johnson, Mike Malloy; Photographer: Bess Ghormley Printed copies of bills, resolutions and the Legislative Journal are available at the State Capitol room 1104, or by calling 402-471-2709 or 800-742-7456. Status of bills and resolutions can be requested at that number or can be found on NebraskaLegislature.gov. Live video of hearings and floor debate can be viewed on NET2 and at NetNebraska.org/capitol. Senators may be contacted by mail at this address: Senator Name, District #, State Capitol, P.O. Box 94604, Lincoln, NE, 68509-4604 Assistance provided by the Clerk of the Legislature’s Office, the Legislative Technology Center, committee clerks, legal counsels, journal clerks, pages, transcribers, mail room and bill room staff and the State Print Shop. THE NEBRASKA LEGISLATURE’S OFFICIAL NEWS SOURCE SINCE 1977 PAGE 2 • UNICAMERAL UPDATE • 107TH LEGISLATURE March 29 - April 1, 2021 Seizure action plans for students advanced (continued from front page) A parent or guardian also would have An Education Committee amend- posed LB639, saying it would create to collaborate with school employees to ment, adopted 34-2, clarifies that the an unfunded mandate for schools and create a written, individualized health bill’s provisions would apply to each could lead to lawsuits if they fail to plan to acknowledge and prepare for the approved or accredited public, private, help a student who has a seizure. She health care needs of a student diagnosed denominational and parochial school said the state does not require similar with a seizure disorder. Each student’s in Nebraska. training or plans for any other major seizure action plan would be distributed Under the amendment, each certif- medical issue that students could face to any school personnel or volunteers icated school employee would review while at school. responsible for them. seizure disorder materials at least once “Schools already have these plans A student would be allowed to in every two school years beginning in in place,” Slama said, “and I still just possess the supplies, equipment and school year 2022-23. don’t see the widespread data to show medication necessary to treat a seizure Sen. Lou Ann Linehan of Elk- a failure in our Nebraska schools han- disorder if specified in the student’s horn supported LB639, saying she dling these seizures properly.” seizure action plan. has heard no opposition to the bill Omaha Sen. John Cavanaugh, The bill also would require each from the education community. She who supported the bill, said the Leg- certificated school employee to partici- said teachers want to be prepared to islature created a similar requirement pate in at least one hour of self-study recognize the signs and symptoms of that took effect in 2012. He said the review of seizure disorder materials.

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