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Floor Debate March 22, 2018

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Floor Debate March 22, 2018 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 22, 2018 [LB158 LB295 LB365 LB433 LB494 LB596 LB624 LB640 LB713 LB740 LB762 LB778 LB820 LB822 LB859 LB895 LB896 LB902 LB909 LB929 LB947 LB950 LB990 LB990A LB994A LB1008 LB1015 LB1049 LB1092 LB1107 LB1108 LB1120 LB1130 LB1136 LR269CA LR353 LR361 LR362 LR363 LR364 LR365] PRESIDENT FOLEY PRESIDING PRESIDENT FOLEY: Good morning, ladies and gentlemen. Welcome to the George W. Norris Legislative Chamber for the forty-seventh day of the One Hundred Fifth Legislature, Second Session. Our chaplain for today is Senator Watermeier. Please rise. SENATOR WATERMEIER: (Prayer offered.) PRESIDENT FOLEY: Thank you, Senator Watermeier. I call to order the forty-seventh day of the One Hundred Fifth Legislature, Second Session. Senators, please record your presence. Roll call. Mr. Clerk, please record. CLERK: I have a quorum present, Mr. President. PRESIDENT FOLEY: Thank you, Mr. Clerk. Are there any corrections for the Journal? CLERK: I have no corrections. PRESIDENT FOLEY: Thank you, sir. Are there any messages, reports, or announcements? CLERK: One item. Enrollment and Review reports LB950 as correctly engrossed. That's all that I have, Mr. President. (Legislative Journal page 1089.) [LB950] PRESIDENT FOLEY: Thank you, Mr. Clerk. We'll now proceed to the first item on the agenda. General File, 2018 committee priority bills. Mr. Clerk. CLERK: Mr. President, LB1008 was a bill originally introduced by Senator Bostelman. (Read title.) Introduced on January 16. Referred to the Natural Resources Committee. The bill was advanced to General File. There are committee amendments, Mr. President. (AM2292, Legislative Journal page 883.) [LB1008] 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 22, 2018 PRESIDENT FOLEY: Thank you, Mr. Clerk. (Doctor of the day introduced.) Now to open on the bill, Senator Bostelman, you're recognized to open on LB1008. [LB1008] SENATOR BOSTELMAN: Thank you, Mr. President, and good morning, Nebraska. I rise to introduce my bill, LB1008, which is the Natural Resources Committee priority bill. Other bills heard by the Natural Resources Committee are included in the committee amendment, AM2292, and if adopted will become the bill. LB1008 would amend Section 37-613 to increase the amounts of liquidated damages for certain violations of game law. Liquidated damages are assessed by the court in a case of conviction or through a separate civil action in the amount set forth in its statute to compensate the people for the illegal taking of the state's natural resources, which is our wildlife. LB1008 puts Nebraska in line with other states liquidated damages provisions for wildlife violations and sends a strong message that such wildlife violations will not be tolerated in the state. This is a positive step toward protecting Nebraska's natural resources. I support LB1008 being the vehicle to advance the other Natural Resources Committee priorities contained in the other bills which make up AM2292. I urge your green vote on the committee amendment, AM2292, and the advancement of LB1008; and I would like to yield the rest of my time to Senator Hughes. [LB1008] PRESIDENT FOLEY: Thank you, Senator Bostelman. Senator Hughes, 8:30. [LB1008] SENATOR HUGHES: Thank you, Mr. President. You all have a handout that I would like to direct your attention to. Its got my initials and number 44 on it that was just passed out this morning. This will be a very good guide for you to walk you through all of the different things that are in LB1008 as amended. I'm going to start through the committee amendment. To get through all of it, I may take the balance of Senator Bostelman's time plus my time as Chairman of the committee to bring that information to you. We are offering you AM2292 to LB1008, which is the Natural Resources Committee's second priority bill. I want to thank Senator Bostelman for agreeing to his bill being the vehicle for some other Natural Resources bills that we believe should be passed this year. If you take a look at the committee statement or the handout on the bill that you just got, you'll be able to see that there are four bills in LB1008 in addition to the content of Senator Bostelman's bill. Sections 2 through 5 of this contains these bills. Section 2 is LB713, a bill introduced by Senator Erdman. This bill would raise the compensation for the Nebraska Oil and Gas Conservation Commission members who receive compensation of $50 a day to not more than $400 a day working on commission business. The reason we did make that significant jump was this is a quasi-judicial board and there are very specific requirements that these commissioners have to meet. Two of them are lawyers, and I asked one of them in the hearing...you know, he charges between $150 and $200 an hour if he were home working. The other person on this board is a geologist, and he has similar hourly wages that he could be getting if he were home working. But they're choosing to serve the state of Nebraska on this board, and they certainly deserve not to have it cost them too much money to 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 22, 2018 do this job. The bill also raises the annual cap on compensation from $2,000 annually to $4,000 per commissioner. So we do cap the amount of money that they can receive. The Oil and Gas Conservation Commission is housed in Sidney, Nebraska. As you know, it is difficult for some boards and commissions to find in...of the state to find members willing and qualified to give their time and service. The intent of the bill is to ensure commissioners are sufficiently paid for the commitment they have made. The commission is funded through the conservation tax and permit fees, so there are no state tax dollars involved in their compensation. This per diem has always and will continue to come from the taxes and fees paid by oil and gas producers, not from the state. The commission schedules one-day meetings every month. It is typical that they will end up meeting about half that time, depending on what activity is going on in the oil and gas fields. Every now and then the commission is required to hold more meetings. The bill offers them flexibility to compensate commissioners according to the amount of time they put towards their service. LB713 originally requested a $500 per diem with an annual cap of $6,000. The committee lowered it to $400 and a $4,000 cap. I'm going to skip over Section 3 and jump to Section 4. I'll come back to Section 3 in a little bit. Section 4 contains LB820, a bill I introduced on behalf of the Nebraska Power Review Board. It will give the Power Review Board the authority to deal with an unanticipated situation resulting from the passage of LB824 in 2016. As you know, LB824 allowed the development of renewable energy facilities to bypass some state regulatory requirements, making it easier for renewable energy to be built in Nebraska for export out of state. A provision in that law in Section 70-1014.02, which describes how private renewable facility can become exempt from going through a Nebraska Power Review Board approval process, provides a certification process for privately developed renewable energy generation facilities. To qualify, private entities must submit certain certifications to the Power Review Board at least 30 days prior to construction to qualify...for a qualifying renewable generation facility. Since 2016, the Power Review Board has run into some instances where the facility is constructed or installed without having submitted the required certification at least 30 days in advance. Most instances involve smaller projects where the builder did not know about the LB824 requirement. LB824 did not anticipate this scenario and did not provide a way for the Power Review Board to waive the 30-day prior notice requirement. This bill would remedy the issue by authorizing the Power Review Board to impose a $500 penalty for certifications that are submitted outside the 30 days prior to construction requirement. It allows entities to still use certification project by paying the penalty and submitting the required certifications even if they have already started construction. It is not the intent of the Power Review Board to punish smaller local renewable projects by shutting them down. The language can prevent that from happening. Section 5 contains LB762, which extends the sunset date for the scrap tire program. This is a $1 tire fee that goes to the Waste Reduction and Recycling Incentive Fund. The fund provides grants to assist in financing scrap tire programs and projects. The sunset date has been extended by the Legislature in bill since 2003. There's still a need for the scrap tire program, which has benefited many communities in the state. This bill will again extend the sunset date from 2019 to 2024. I wanted to take just a little bit more time to explain Section 3. Section 3 is 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Floor Debate March 22, 2018 an amendment to LB822, a committee shell bill. The amendment introduced to LB822 was AM2191. The committee held a public hearing on that amendment on March 6. The amendment was introduced in response to the Nebraska Supreme Court issued...ruled case issued on February 23 this year. The case involved a potential competitor of a public power entity in Nebraska who was denied a public records request for records showing cost and revenue information and rate outlooks for each public power entity...for the public power entity's generation facilities.
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