BILL BANNING ETHANOL COMPANIES FROM USING TREATED SEED ADVANCES

LINCOLN- Lawmakers gave first-round approval to a bill prohibiting the use of pesticide-treated seeds in ethanol production on Thursday.

The bill (LB507) from Sen. Bruce Bostelman of Brainard was introduced in response to the environmental contamination stemming from AltEn near Mead in Saunders County.

Unlike most ethanol plants which use field corn as a feedstock, AltEn solicited for and used discard treated seed to produce ethanol, at one point receiving nearly all of the leftover treated seeds in North America. The wet distiller's grains byproduct of the ethanol manufacturing process, normally sold as a feed for cattle, was heavily contaminated with pesticides, as was the wastewater stored in lagoons on the site.

AltEn stopped its operations in February, and a short time later experienced a burst pipe that spilled 4 million gallons of contaminated waste into ditches and waterways of the surrounding area.

The Nebraska Attorney General's office sued AltEn on March 1 for numerous violations of state environmental regulations.

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AG’S OFFICE REACHES SETTLEMENT WITH OMAHA COMPANIES OVER COVID-19 ANTIBODY TESTING

LINCOLN- The Nebraska Attorney General's Office has reached a settlement with two Omaha companies accused of deceptive trade practices for their advertising and administration of COVID-19 antibody tests to consumers through the end of April 2020 at a drive-thru there.

Attorney General Doug Peterson said Pivot Concierge Health LLC and Banyan Medical Systems LLC failed to make necessary disclosures required by test manufacturers and recommended by the FDA.

He said they also made deceptive and misleading statements to consumers regarding the ability of their antibody tests to identify the presence of a current or prior COVID-19 infection.

"In combination, this conduct created a significant likelihood of consumer confusion and endangered the public health," Peterson said in a press release.

Under the terms of the settlement, the companies are prohibited from misrepresenting the characteristics of any COVID-19 testing product or service they offer, and they are required to disclose to consumers all known risks and limitations. Pivot Concierge Health LLC also agreed to pay $25,000 to the Attorney General’s Office.

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LAWMAKERS ADVANCE BILL PROMOTING INDUSTRIAL RAIL ACCESS

BEATRICE – Nebraska lawmakers have advanced a bill and amendment that would offer state matching support for developing industrial rail access business parks.

LB 40 was introduced by Senator Mike Groene of North Platte, over the potential of such a plan near Hershey in Lincoln County. The bill and amendment would create the Nebraska Rural Projects Act. Groene said it is an infrastructure improvement bill in an area that includes perhaps the largest rail yard in the world.

A qualified rail access business park would have to be in a county of under 100,000 population. Applications through non-profit economic development entities would be filed on or before June 23rd, 2023. The project would have to occur within ten years. One of those in support of Groene’s measure was Senator Mike Flood, who said the Bailey Yard is the “Chicago O’Hare of Railroad classification yards”.

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SENATORS OK RENTAL PROTECTIONS FOR DOMESTIC VIOLENCE VICTIMS

LINCOLN- Domestic violence victims who are living with their abuser in a rental property could break their lease and leave without penalties under a bill that Nebraska lawmakers advanced Thursday. 

Senators advanced the measure through the first of three required votes, 42-3. The bill by Sen. John Cavanaugh, of Omaha, includes other tenant protections, such as requiring landlords to give at least 24 hours of notice before entering a tenant’s apartment.

It also would require the Nebraska Supreme Court to submit a report to lawmakers every six months spelling out the number of eviction proceedings initiated, the number of landlords and tenants represented by attorneys and the number of evictions granted. The data would be broken down by county, giving lawmakers a better sense of eviction trends outside of the Omaha and Lincoln areas.

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NEBRASKA VIRUS HOSPITALIZATIONS AT LOWEST LEVEL SINCE JULY

LINCOLN- The number of people hospitalized with the coronavirus continues to decline in Nebraska, and more than 19% of the state’s population has now been vaccinated against the virus.

The state said Thursday that the number of people hospitalized with the virus was at its lowest level since last July with 107 people being treated in hospitals statewide. That number has fallen steadily since peaking at 987 in November.

Health officials said nearly 107,000 doses of COVID-19 vaccines were administered in the state last week, and 19.1% of the state’s population has been vaccinated. The state said more than 308,000 Nebraskans have now registered to receive the vaccine.

The seven-day rolling average of daily new cases in Nebraska decreased over the past two weeks, going from 282.71 new cases per day on March 9 to 246.43 new cases per day on Tuesday. The state said Thursday that 207,227 cases of the virus and 2,159 deaths have been reported since the pandemic began.

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NEBRASKA LAWMAKERS ADVANCE BILL GRANTING IN-STATE TUITION FOR HOME-SCHOOL STUDENTS

LINCOLN- On Tuesday, lawmakers advanced two bills ensuring Nebraska students who attend home school and AmeriCorps volunteers qualify for in-state tuition at the state's public colleges and universities. As of now, students who graduate from home school are not considered resident students, although they can apply to receive in-state tuition rates. LB92 adds home-school students who complete a program of instruction to the list of residency qualifications for the purpose of tuition cost.

However, Sen. Carol Blood said the computer glitch which caused a notification to be sent to home school students saying they could not receive in-state tuition has been fixed. Sen. Megan Hunt believes the bill is too broad and could cause problems for universities. 

Sen. Tony Vargas introduced LB197, which is a bill to allow AmeriCorps volunteers eligible for in-state tuition in Nebraska. Sen. Kolterman says this bill is a 'no-brainer'. 

“These are the kind of people we’re trying to attract to grow our state,” Kolterman said.

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FACEBOOK DATA CENTER TO EXPAND IN PAPILLION

LINCOLN- The social media giant announced Wednesday the second expansion of the project that is still under construction. The campus will grow by about 1 million square feet and will cost approximately $400 million. The site will add around 100 permanent jobs, making the total employment sit at 300 people. Nearly 2,000 construction workers will also be employed at the peak of construction. 

“This is an exciting development in Facebook’s continued growth, and we are pleased to join them in celebrating their ongoing presence in Sarpy County,” said Andrew Rainbolt, executive director, Sarpy County Economic Development Corporation.

This announcement comes just days after an announcement by Google that is also constructing a new data center in Papillion.

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WITH COLLEGE WORLD SERIES BACK IN ACTION, OMAHA CAN EXPECT A BOOST OF NEARLY $90 MILLION

OMAHA- The College World Series will be back in Omaha this summer, but the exact amount of fans in the stadium remains undetermined. However, the local economy can expect a huge boost. In the latest study, a fully operational CWS is worth $88.3 million. 71.2% of attended come from outside Omaha, with 59% coming from out of state. 

“That would be unbelievable to most citizens of Omaha, because they think of it as just an event that clogs up the highways,” Goss said. “We want those individuals here. That’s where the money comes from.”

Much of the change in demographics coming to the series comes from the park moving to the downtown area with many other forms of entertainment right next to TD Ameritrade.

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LATEST NEBRASKA BUDGET PLAN WOULD BOOST PROPERTY TAX RELIEF TO MORE THAN $1.45 BILLION

LINCOLN- Under the Appropriations Committee‘s most recent budget plan, Nebraska would devote more than $1.45 billion to direct property tax relief over two years. The state's long-standing property tax credit program will be increased by $63 million, enough for the credits to grow by 2% annually from their 2019 peak. Compared to the current year, the new program gives income tax credits to property owners to offset part of their school property taxes will more than double in size. The budget also provides homestead exemptions for low-income elderly and disabled homeowners. 

"That's quite a bit of money," said Sen. John Stinner of Gering, the committee chairman. "What it represents is a commitment by the governor and the Legislature. This was one of our top priorities."

The money for property tax relief comes from sales, income and miscellaneous taxes. The latest move by the Appropriations Committee adds $25 million more into the program for the current year and $38 million more for 2022. The total property tax relief amounts to $1.45 billion and will put $50 million in each of the two budget years into the state's 'rainy day' fund. This infusion money will put the reserve at an estimated $763 million by June 2023.

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IN A FIRST, US PIPELINE AGENCY WEIGHS CLIMATE CHANGE IMPACTS IN NEBRASKA, SOUTH DAKOTA CASE

WASHINGTON- A federal energy board is weighing how a proposed natural gas pipeline would affect greenhouse gas emissions, a move made this week by the Biden Administration in an effort to slow climate change. The Federal Energy Regulatory Commission voted 3-2 to approve a pipeline operator's request to replace almost 100 miles of natural gas pipelines in South Dakota and Nebraska. Findings showed the project's climate-warming carbon emissions would not be significant. 

FERC is an independent agency that regulates interstate transmission of electricity, natural gas and oil and other tests. Members are appointed by the president and are then confirmed by the Senate.

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SMALL NEBRASKA COMMUNITIES HIT HARD BY HIGH ENERGY COSTS FROM FEBRUARY COLD SNAP

LINCOLN- Residents of Pender were shocked to open monthly bills that ballooned from $200-$250 to nearly $900. Neligh, a town farther west, usually pays about $50,000 for its monthly gas supply, but the latest bill was 30 times that-- $1.5 million. Gas prices paid by communities shot up because of a high demand and a lack of supply during last month's cold snap. Towns are working with residents who are unable to pay a $900 heating bill. 

MUD said that even though natural gas prices rose by 50% during the polar vortex, the district was able to moderate the impact on residential customers by using reserves instead of buying high-cost gas offered on the spot during the emergency. Because of this, residents in the metro will only see a rise of $17.21 for their February gas bill. 

Sen. Justin Wayne of Omaha said his Urban Affairs Committee will consider advancing a bill that would provide $10 million in emergency aid to communities that got 'gouged' to pay off their natural gas bills. 

The state PSC has scheduled hearings for April that will hear testimonies about if it is possible for bills to be paid over several months. 

“We may have to change business practices,” said Ryan Hurst, utilities manager in Wahoo. “It’s better than getting burned for a half a million dollars.”

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COUNCILWOMAN BOWERS TO MAKE ANOTHER BID FOR LINCOLN LEGISLATIVE SEAT

LINCOLN- First-term Lincoln City Councilman James Michael Bowers will make another bid for the Nebraska Legislature next year. Bowers is a 32-year-old social worker and will run for District 46. Fixing Nebraska’s child welfare system, planning for the state's growing senior population and expanding access to health care are among Bowers' priorities, he said. 

He defeated Taylor Wyatt to represent District 1 on the City Council in 2019. Prior to that campaign, Bowers lost to Adam Morfeld in the race for the Legislature in 2014. However, Bowers feels hopeful this time around as Morfeld will be term-limited in this upcoming election. Morfeld plans to run for Lancaster County Attorney in 2022 and plans to support Bowers.

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'EVERYONE KNOWS CAMERON'- THE SEARCH IS ON FOR FREQUENT FELINE VISITOR TO NEBRASKA CAPITOL

LINCOLN- The leads are few. A possible sighting on the edge of the Near South neighborhood. A photo posted to social media. The question many people are asking is the same: "Where's the Capitol Cat?"

Cameron, a 5-year-old tabby and frequent visitor to the state Capitol grounds, went missing late last week after heavy rains and strong winds swept through Lincoln. Now, the search is on. A post from the @NECapitolCat Twitter account went viral over the weekend, rallying the community around the cat known for lounging mainly around the south and west doors at the statehouse. The tweet amassed 47,000 views as of Wednesday afternoon.

"Everyone knows Cameron," state Sen. Anna Wishart said Wednesday. "… He's become a Capitol mascot for a lot of people."

The senator from Lincoln said Cameron would often greet her and others who work at the Capitol in the morning and would be there as a companion during outdoor breaks in the day. Wishart hopes Cameron returns soon to his post to greet senators and Capitol staff alike.

"We have a lot of challenging things going on here, and it's just great when you're coming out of the Capitol and he's there," Wishart said. "He has a really great unifying effect for the Capitol."

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LEGISLATURE ADVANCES BILL THAT SEEKS TO BOOST FARM-TO-CUSTOMER MEAT SALES

LINCOLN — Nebraska lawmakers advanced a bill Tuesday that would make it easier for customers to stock up on T-bones and hamburger fresh from the farm.

State Sen. Tom Brandt of Plymouth said Legislative Bill 324 would make it easier for livestock producers to sell directly to customers and offer a free-market answer to the meat processing bottleneck that developed early in the pandemic.

“This is an opportunity bill, for small producers with a quality product,” he said.

Under the bill, consumers could buy a share of an animal or a herd from a farmer or rancher. That would entitle the consumer to part of the meat once the animal is slaughtered. The measure is modeled after a Wyoming “animal share” law. The ownership interest would allow the animal to be processed at a custom butcher shop, usually a small local business. It would be exempt from federal meat inspections required for meat sold at retail.

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NEBRASKA EXPERTS SAY BIDEN, OTHER LEADERS NOT DOING ENOUGH TO EMPHASIZE COVID PRECAUTIONS

LINCOLN- Gov. Pete Ricketts said Friday that President Joe Biden “struck the right tone” in expressing empathy for those lost in the COVID-19 pandemic but that he may not recognize that states including Nebraska have begun allowing small family groups to gather and having kids in classrooms.

“States like Nebraska are doing the things he’s saying already,” the Republican governor said.

Biden, in an address to the nation Thursday night marking the one-year anniversary of the pandemic, set a goal of making shots available to all U.S. adults by May 1, and making July Fourth an “independence day” from the virus, allowing small groups of vaccinated people to gather. The Democrat also called for a summit on reopening schools.

It’s frustrating, Ricketts said, that the White House doesn’t realize that states are at different stages in their fight against the pandemic. Meanwhile, two of the state’s leading pandemic authorities said federal, state and local leaders — including the governor — need to ramp up their messaging to prevent another surge in COVID-19 cases and overcome the reluctance of many to get vaccinated.

“There should be PSAs (public service announcements) blanketing the airways,” said Dr. James Lawler of the University of Nebraska Medical Center.

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NEBRASKA CRYPTOCURRENCY FIRM SEEKING APPROVAL FOR NOVEL STOCK OFFERING

LINCOLN- JP Richardson discovered Bitcoin in 2011 and realized it was much too hard to use for the average person. Until Richardson met Daniel Castagnoli. In 2015, the pair created Exodus Movement, which would take a few years to takeoff. Exodus is essentially a price of software that allows users to serve digital currencies. By the end of 2017, the company passed $1 million in total revenue. 

With the boom in crypto in the past few months, business has soared for Exodus. The digital wallet saw 140,000 users in January 2020 alone. Business grew from $8 million in 2019 to $21 million in 2020. Now, the company is on track to hit $100 million by the end of 2021. The wallet is free to use but includes add ons that customers can pay for. The company makes 2% on the charges and is the main source of money. 

With the current wave of excitement on cryptocurrencies, Exodus filed a unique Regulation A Tier 2 offering. This means they are offering up to $75 million in stock in the company at a price of $27.42 a share. This mechanism is unique because the only way to buy a share will be through Bitcoin or Ethereal and will have to be purchased through the Exodus Wallet app. The company is ensuring everyone will be able to buy in, not just wealthy investors with early access. The shares also will not be traded on the traditional stock market. 

Note:  Kissel Kohout ES Associates is proud to represent Exodus before the Nebraska Unicameral!

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COVID VACCINATIONS COULD START NEXT WEEK FOR PEOPLE UNDER 65 IN DOUGLAS COUNTY; NEW VARIANT OF VIRUS FOUND IN METRO AREA

OMAHA- With some appointments still open at its clinics, the Douglas County Health Department may be ready to begin vaccinating people younger than 65 next week, its director said Wednesday.

With that in mind, Adi Pour urged county residents 65 and older and those on the state’s list of essential workers who haven’t yet been vaccinated to go to the health department’s website to register or call 402-444-3400 for help getting signed up. “I am thinking next week we may be ready to lower our age range in the community,” Pour told the Douglas County Board of Health.

Pour earlier said she expected to begin vaccinating people in the next age bracket — those 64 to 50, working downward in five-year increments — by April 1. If the department begins vaccinating people ages 60 to 64, she said, it also would begin inoculating some of those with high-risk medical conditions. Health systems are working to prioritize those conditions. Iowa Gov. Kim Reynolds annouced this week that all Iowa residents will be eligible starting April 5th.

As vaccines continue to rollout the Nebraska Department of Health and Human Services said Wednesday. The Nebraska Department of Health and Human Services said Wednesday night that two people in Douglas County have tested positive for the so-called Brazil P.1 variant. That coronavirus strain is believed to be responsible for a surge in hospitalizations in Brazil even though many people there had already caught COVID-19 and developed antibodies against it.

Dr. James Lawler, a director of the University of Nebraska Medical Center’s Global Center for Health Security, said that while the arrival of the Brazil variant in the metro area was expected, it is concerning. This strain of virus appears to be more transmissible and may make people more severely ill, he said.

“We are concerned that some of the new variants, including P.1, may cause more severe disease among young people,” he said. Additionally, people who have previously had COVID-19 may not have as much protection against it as they have against the original strain.

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PLANNERS GIVE THUMBS UP TO LINCOLN CASINO PLANS

LINCOLN- A proposed casino in southwest Lincoln has taken the first step toward becoming a reality. The Lincoln-Lancaster County Planning Commission on Wednesday unanimously recommended approval of zoning changes to the site near U.S. 77 and West Denton Road.

The existing planned use development for WarHorse Casino calls for 1.3 million square feet of commercial space. That would be reduced to 980,000, which includes the roughly 225,000-square-foot casino. The amended planned use development also would include the potential for 650 hotel rooms and up to 700 dwelling units.

The casino would have more than 1,200 gaming stations, a convention/event space, several restaurants and other amenities such as a spa. A 200-room hotel up to 100 feet tall also is planned, as is a three-story parking garage. WarHorse Gaming, a subsidiary of the Winnebago Tribe's Ho-Chunk Inc., and the Nebraska Horsemen's Benevolent & Protective Association are partnering on the $200 million project and hope to start construction on it next year.

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NEBRASKA JOINS OTHER STATES IN QUESTIONING STIMULUS BARRING OF TAX CUTS

LINCOLN— Republican attorneys general from 21 states, including Nebraska, are questioning a provision in the $1.9 trillion pandemic rescue plan that bars states from using its funds to offset tax cuts. In a letter to Treasury Secretary Janet Yellen on Monday, they said the prohibition is “unclear, but potentially breathtaking” — airing concerns that any tax cut could be construed as taking advantage of the pandemic relief funds.

The attorneys general list over a dozen instances of states currently considering new tax credits or cuts that they believe could be jeopardized simply because of the relief funds.

The Treasury Department did not immediately return an email requesting comment. Signing on to the letter were Arizona, Georgia, West Virginia, Alabama, Arkansas, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah and Wyoming.

Three Republican members of the U.S. Senate introduced a long-shot bill on Tuesday to eliminate the provision.

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21 STATES SUE BIDEN ADMINISTRATION FOR REVOKING KEYSTONE XL PIPELINE PERMIT

Washington — A coalition of attorneys general from 21 states sued President Biden and members of his administration for rescinding the permit for the Keystone XL pipeline, seeking to undo the president's attempt to effectively nix the 1,200 mile-long pipeline. 

Led by the attorneys general of Texas and Montana, the states argued in their complaint that the president exceeded his authority when he issued his executive order January 20 revoking permits for the oil pipeline. The order targeting Keystone was one of several executive actions Mr. Biden has taken since assuming the presidency that focus on the environment and addressing climate change.

"Revocation of the Keystone XL pipeline permit is a regulation of interstate and international commerce, which can only be accomplished as any other statute can: through the process of bicameralism and presentment," the states argued in their complaint. "The president lacks the power to enact his 'ambitious plan' to reshap

Designed by TC Energy Corporation to move approximately 830,000 barrels of oil from Canada and Montana to the Gulf Coast of Texas, the Keystone XL pipeline is part of a larger system of lines and would run through several states. While the Obama administration denied permits for the pipeline, former President Donald Trump approved construction of the line in 2019, and work began last year.

Read the suit in its entirety HERE