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Legislature Passes and Governor Signs LB 1082

The Legislature approved Legislative Bill 1082 by a 48- 0-1 vote last week and Governor Pete Ricketts signed the bill into law today. LB 1082 implemented some recommendations of the Natural Resources Committee's interim study report. Input from NPPA and the NOGCC during and following Natural Resources Committee hearings led to the development and adoption of a committee amendment which we believe helped to clarify the bill and prevents broad over-regulation.

LB 1082:

Gives the commission authority to require:

Periodic sampling and reporting of injection fluids injected into Class II commercial under ground injection wells.

Monitoring of produced water transporters in Nebraska.

Periodic evaluation of nancial assurance requirements on existing and proposed wells to ensure ability to pay the costs of plugging, abandonment, and surface restoration.

The commission is authorized to conduct public informational meetings and forums for public interaction on Class II commercial underground injection well permit applications under the jurisdiction of the Commission.

Requires that upon receipt of a Class II commercial underground injection well permit application, that notice be provided to the county, city, or village and natural resources district within which the proposed well would be located and shall provide such entities with copies of all permit application materials.

Reduces the “promotional” aspect of the NOGCC, and refocuses the agency’s purpose on the development on Nebraska's oil and natural gas resources while "promoting the health, safety, and environment of the residents of Nebraska."

Requires an operator of a Class II commercial under-ground injection well to sample and analyze the fluids injected into each disposal well at sufficiently frequent time intervals to yield data representative of fluid characteristics, but no less frequently than once annually. The operator must submit a copy of the fluid analysis to the commission.

LB 1082 A, a trailing appropriations (spending) bill allocating the funds needed to carry out the changes authorized by LB 1082 was also passed by the Legislature and signed by the Governor.

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