Nebraska LB 904: Provide for use of the Water Sustainability Fund for sustainable use of water in food production and transfer General Funds

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 904

Introduced by Bolz, 29; Brewer, 43.
Read first time January 10, 2020
Committee: Natural Resources
A BILL FOR AN ACT relating to the Water Sustainability Fund; to amend1
sections 61-222 and 61-223, Reissue Revised Statutes of Nebraska,2
sections 2-1506, 2-1508, 2-1512, and 2-1513, Revised Statutes3
Cumulative Supplement, 2018, and section 2-1507, Revised Statutes4
Supplement, 2019; to provide an additional use of the fund; to5
restate intent; to provide and change transfers from the General6
Fund; to harmonize provisions; and to repeal the original sections.7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 2-1506, Revised Statutes Cumulative Supplement,1
2018, is amended to read:2
2-1506 (1) The goals of the Water Sustainability Fund are to: (a)3
Provide financial assistance to programs, projects, or activities that4
increase aquifer recharge, reduce aquifer depletion, and increase5
streamflow; (b) remediate or mitigate threats to drinking water; (c)6
promote the goals and objectives of approved integrated management plans7
or ground water management plans; (d) contribute to multiple water supply8
management goals including flood control, reducing threats to property9
damage, agricultural uses, municipal and industrial uses, recreational10
benefits, wildlife habitat, conservation, and preservation of water11
resources; (e) assist municipalities with the cost of constructing,12
upgrading, developing, and replacing sewer infrastructure facilities as13
part of a combined sewer overflow project; (f) provide increased water14
productivity and enhance water quality; (g) promote the sustainable use15
of water in food production; (h) use the most cost-effective solutions16
available; and (i) (h) comply with interstate compacts, decrees, other17
state contracts and agreements, and federal law.18
(2) The Legislature finds that the goals of the Water Sustainability19
Fund can be met by equally considering programs, projects, or activities20
in the following categories: (a) Research, data, and modeling; (b)21
rehabilitation or restoration of water supply infrastructure, new water22
supply infrastructure, or water supply infrastructure maintenance or23
flood prevention for protection of critical infrastructure; (c)24
conjunctive management, storage, and integrated management of ground25
water and surface water; (d) sustainable use of water as it relates to26
food production; and (e) (d) compliance with interstate compacts or27
agreements, or other formal state contracts or agreements, or federal28
law.29
Sec. 2. Section 2-1507, Revised Statutes Supplement, 2019, is30
amended to read:31
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2-1507 (1) It is the intent of the Legislature that the Water1
Sustainability Fund be equitably distributed statewide to the greatest2
extent possible for the long term and give priority funding status to3
projects which are the result of federal mandates.4
(2) Distributions to assist municipalities with the cost of5
constructing, upgrading, developing, and replacing sewer infrastructure6
facilities as part of a combined sewer overflow project shall be based on7
a demonstration of need and shall equal ten percent of the total annual8
appropriation to the Water Sustainability Fund if (a) applicants have9
applied for such funding as required under section 2-1509 and (b) any10
such application has been recommended for further consideration by the11
director and is subsequently approved for allocation by the commission12
pursuant to subsection (1) of section 2-1511. If more than one13
municipality demonstrates a need for funds pursuant to this subsection,14
funds shall be distributed proportionally based on population.15
(3) Distributions to assist the University of Nebraska with the16
operation of the Daugherty Water for Food Institute created to conduct17
scientific and policy research into how to achieve more food security18
with less pressure on scarce water resources shall equal nine hundred19
thousand dollars annually. The institute shall submit to the director a20
summary of ongoing and planned research initiatives to be conducted using21
such funds, including descriptions of how the initiatives directly relate22
to sustainability of water use and food production.23
(4) (3) Any money in the Water Sustainability Fund after the24
distribution pursuant to subsection (3) of this section may be allocated25
by the commission to applicants in accordance with sections 2-1506 to26
2-1513. Such money may be allocated in the form of grants or loans for27
water sustainability programs, projects, or activities undertaken within28
the state. The allocation of funds to a program, project, or activity in29
one form shall not of itself preclude additional allocations in the same30
or any other form to the same program, project, or activity.31
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(5) (4) When the