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LB 247

Change provisions relating to fees and distribution of proceeds under the Integrated Solid Waste Management Act and uses of and transfers from the Petroleum Release Remedial Action Cash Fund

109th Legislature (2025-2026) Introduced by Barry DeKay

LB 247 raises landfill disposal fees, reallocates more to the solid waste fund for Superfund costs, and ends using the Petroleum Release Fund to cover those costs.

Approved by Governor on March 17, 2025
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Bill Summary · LB 247

LB 247 — Summary (Approved March 17, 2025)

Status: Approved by the Governor (March 17, 2025) — operative date July 1, 2025; emergency clause included.
Primary sponsor: Sen. Barry DeKay. Referred to Natural Resources Committee; advanced and passed on final reading.

Purpose / Intent

LB 247 revises landfill disposal fees and reallocates how those fee revenues are distributed under the Integrated Solid Waste Management Act. The bill also changes which state funds may be used to meet nonfederal cost-share, operation, and maintenance obligations for federal Superfund (CERCLA) sites and removes a legislative transfer authority from the Petroleum Release Remedial Action Cash Fund.

Key provisions

  • Fee increase (Section 13-2042): raises the disposal fee charged at landfills (per the statute’s units of measure) — increasing the per-unit fee (committee materials indicate an increase from $1.25 to $2.34 per the specified cubic yard or ton).
  • Revenue split (Section 13-2042): changes the quarterly remittance split of disposal-fee revenues from a 50% / 50% split to a 65% / 35% split:
    • Larger share (65%) to the Integrated Solid Waste Management Cash Fund.
    • Smaller share (35%) to the Waste Reduction and Recycling Incentive Fund.
  • Expanded uses of Integrated Solid Waste Management Cash Fund: explicitly authorizes proceeds to be used to cover state costs related to cost share, operation, and maintenance for remediation of federal Superfund sites (i.e., nonfederal CERCLA obligations, including in‑kind services), in addition to existing uses (spill response, facility regulation/monitoring, etc.).
  • Petroleum Release Remedial Action Cash Fund (Section 66-1519): removes the authorization to use (or to transfer from) the Petroleum Release Remedial Action Cash Fund to pay Superfund cost-share obligations; the Petroleum fund’s use for Superfund obligations is terminated.
  • Additional statutory mechanics: amendments to reporting/payment provisions and forms; department authority to seek cost recovery; repeal clause; operative date and emergency clause included.

Who is affected

  • Landfill operators and permitted solid waste processing facilities — pay the increased disposal fee and remit quarterly reports/payments.
  • Nebraska Department of Environment and Energy — administers funds, may use a larger portion for Superfund-related state costs, and continues grant/disbursement responsibilities from the recycling fund.
  • Counties, municipalities, and agencies that receive grants or reimbursements from the Waste Reduction and Recycling Incentive Fund — may see reduced funding available because the fund’s share is decreased.
  • Petroleum Release Remedial Action Cash Fund stakeholders — the fund is no longer available for Superfund cost-share obligations or transfers to the Superfund Cost Share Cash Fund.

Fiscal and practical implications

  • Expected increase in revenue into state environmental funds due to higher per‑unit fees; a larger proportion routed to the Integrated Solid Waste Management Cash Fund to support state-level Superfund cost-share and other program costs.
  • Potential reduction in grant capacity from the Waste Reduction and Recycling Incentive Fund (35% share) with possible impacts on local recycling/solid-waste projects and reimbursements (the statute caps certain disbursements at 5% of disposal-fee revenue).
  • Shifts the funding source for Superfund state obligations away from the Petroleum Release Remedial Action Cash Fund toward integrated solid-waste fee proceeds.

Timeline / Legislative actions

  • Introduced: January 14, 2025
  • Natural Resources Committee hearing: February 6, 2025 (advanced to General File)
  • Passed Final Reading (with Emergency Clause): March 13, 2025 (vote recorded as 44–3–2)
  • Presented to Governor: March 13, 2025
  • Approved by Governor: March 17, 2025
  • Operative date: July 1, 2025 (emergency clause may make some provisions effective upon approval)

Sections amended: 13-2042 and 66-1519. Repealer and emergency clause included.

(Notes: floor amendment FA34 was filed but not considered. Numbers above reflect committee and legislative summary language; text in enacted documents contains statutory redline language implementing the changes.)

Compiled from official sources — confirm details with the bill’s official record.

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