HERBSTER GAVE HIMSELF 96% OF HIS $4.9 MILLION IN FUNDRAISING LAST YEAR

LINCOLN - Charles Herbster personally bankrolled $4.7 million of the $4.9 million he raised last year in his bid for the GOP governor’s nomination.

His top primary opponent, Jim Pillen, gave his own campaign $1 million. But Pillen raised another $4.4 million from individual donors, for a total of $5.4 million.

It isn't often that a gubernatorial candidate self-funds their own campaign. The last was the current Gov. Pete Ricketts in 2006 when he ran against incumbent Sen. Ben Nelson.

Ricketts ultimately lost that race and, upon reflection, said that self-funding looks to many Nebraskans like "you're trying to buy the race," he told the Nebraska Examiner on Tuesday.

“Ultimately, that’s not a successful strategy,” said Ricketts, who endorsed Pillen last month. “You want to engage Nebraskans across the state to invest in your campaign. And clearly, Charles Herbster is not getting Nebraskans to invest in his campaign.”

Herbster has attempted to spin this in his favor and says that Nebraskans should see his personal contributions as financial independence from special interests.

“My time in this campaign is not spent fundraising, it’s spent learning about the people of Nebraska,” Herbster said in a statement. “For this reason, I am primarily self-funding this campaign. I refuse to let donors control my priorities or legislative agenda.”

Herbster raised $200,000 from individual donors in 2021, half of which came from out-of-state.

1393 donors contributed to Jim Pillen's campaign, 95% of which listed Nebraska addresses.

Out of the 7 republicans, only two others reported raising more than six figures last year. Omaha State Sen. Brett Lindstrom raised $1.6 million, much of which came from his ties to the Omaha tech industry.

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LEGISLATIVE HEARING TURNS INTO COMPLAINT SESSION ABOUT CONDUCT OF 2020 ELECTIONS

LINCOLN - A public hearing on a bill to improve the security of ballot drop boxes on Wednesday turned into a forum for alleging irregularities about the conduct of the 2020 elections.

Despite assurances from state senators and one of the state’s top election officials that all allegations of fraud had been thoroughly investigated and dismissed, members of an organization called the Nebraska Voter Accuracy Project claimed there had been widespread fraud during the election.

One member of said group, Connie Reinke of Lincoln, claimed that roughly 4,000 ballots cast in Nebraska in 2020 did not correspond to actual, registered voters.

Another member, Larry Ortega of Bellevue, claimed their group had identified dozens of people who slipped up to eight ballots at a time in ballot drop boxes.

Sen. Megan Hunt of Omaha pointed out that it is not illegal to drop ballots off for others who are not able to do so. She cited that nursing home workers routinely dropped absentee ballots off for residents.

Sen. John McCollister had attended a slide-show briefing by Nebraska Secretary of State Bob Evnen entitled "fact or fiction," which dispelled "undocumented" claims about the 2020 elections.

“Sorry to say, I don’t think this information is valid,” the senator told Reinke. “I think we do a great job with elections.”

Wayne Bena, the deputy secretary of state for elections, said that his office had been made aware of the complaints made at the hearing on Wednesday, February 2nd. Bena, however, stated the claims had already been investigated and dispelled.

The subject of the public hearing, LB 1263, was proposed to enact uniform standards into state law concerning such drop boxes, including security measures and daily pickups of ballots, after their widespread use during 2020 voting.

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USDA TO SEND OUT $1.4 BILLION TO BOOST RURAL ECONOMIES IN THE STATE

WASHINGTON - U.S. Department of Agriculture Secretary Tom Vilsack announced Wednesday that the agency is investing $1.4 billion into rural economies through job training, business loans, and the expansion of technical assistance.

“It’s a good day for rural America,” Vilsack, a former governor of Iowa, said during a call with reporters.

Eight programs will distribute 751 awards across 49 states. These programs are intended to help create wealth in rural communities.

“The rural economy, which plays an important role in our national economy, has historically lagged behind the urban and suburban counterparts,” he said. That’s why it’s important for us to focus on building back that rural economy better.”

The eight programs include the Business and Industry (B&I) Loan Guarantees, the B&I CARES Act Program, the Rural Innovation Stronger Economy (RISE) Grants, the Rural Economic Development Loan and Grant Program, the Rural Cooperative Development Loan and Grant Program, the Rural Cooperative Development Grant Program, the Rural Microentrepreneur Assistance Program, the Intermediary Relending Program, and the Value-Added Producer Grants.

KA Elkhorn Real Estate LLC in Elkhorn, NE received the largest business & Industry Loan Guarantee in the state at $5,297,000. Nebraska received $270,812 from the Rural Microentrepreneur Assistance Program which was divided between several economic development groups. $8,701 went to the Native 360 Loan Fund and $136, 998 to the Nebraska Enterprise Fund.

The Value-Added Producer Grant program gave nearly $2 million in grants to smaller producers in Nebraska such as Our Lavendar Company, a lavender farm in Big Springs, which received $49,999, and Free Day Popcorn LLC, a family farm and online retailer in Byron, which was given $250,000.

The Nebraska Board of Regents, the governing body at the University of Nebraska, was the only recipient of the Rural Cooperative Development Grant Program in Nebraska and they were awarded $200,000.

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BOOZE AT BIG RED? NU REGENTS WILL DISCUSS NEXT WEEK

LINCOLN - The long-standing ban on alcohol at University of Nebraska athletic events is to be reconsidered on Feb. 11 by the University of Nebraska Board of Regents.

Under a proposed policy change, the university president and chancellors would be allowed to authorize the sale and consumption of alcohol at athletic events at their respective campuses.

A university press release Issued Thursday, February 3rd noted the fact that Regents have granted exceptions on a contract-by-contract basis to the 1999 resolution prohibiting alcohol at athletic events on university property.

NU President, Ted Carter, said the change in policy could create consistency across the NU system at a time when alcohol sales have been a frequent topic.

“Opening any university event to alcohol is a question that we will always approach with diligence and care,” Carter said. “Our Board and Administration have thoughtfully explored these issues for years, together with our athletics colleagues, business teams, and others. This proposed policy change is a common-sense first step if we ultimately decide to consider alcohol at any additional athletic events.”

Included in the policy reversal would be an allowance of alcohol advertising and sponsorships on university property if given approval by the respective chancellor.

The February 11th meeting agenda calls for consideration of an amendment to its agreement with the City of Lincoln for Pinnacle Bank Arena to allow alcohol sales at the Big Ten Wrestling Championships March 5-6.

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MITTS OFF IN 1ST DISTRICT GOP CONGRESSIONAL RACE WITH NEW ATTACK ADS

LINCOLN - Republican candidates in Nebraska’s 1st Congressional District primary race traded sharp political attacks in new campaign ads launched Wednesday.

U.S. Rep. Jeff Fortenberry charged in a radio ad that his main rival, State Sen. Mike Flood of Norfolk, shares the same views on immigration as President Joe Biden, a Democrat the ad blames for a “flood of immigrants” at the border.

“Flood supported giving taxpayer-funded benefits to illegal immigrants, and Flood tried to raise our gas taxes by 30 cents a gallon,” said Fortenberry’s ad.

Flood fired back in a new television ad that features a rural sheriff, Todd Volk of Madison County, saying that Fortenberry has "lied" about the state senator's record on immigration and law and order.

“The truth? Mike is a law and order conservative,” Volk said. “He opposed in-state tuition for illegal immigrants.”

The race in the eastern Nebraska district has become more intense since Flood's recent announcement that he will challenge Fortenberry.

Fortenberry was recently charged with three felony counts alleging that he misled federal investigators probing illegal campaign contributions from a foreigner and Flood's latest ad makes sure to remind voters of the criminal indictments

The state senator, Gov. Pete Ricketts, and former Gov. Dave Heineman have said Republicans risk losing the 1st District seat if Fortenberry is the nominee.

The congressman has attacked Flood for leading the effort to override the 2012 veto by Heineman of a bill that provided state-paid prenatal care for immigrants, a move that was popular with liberal groups.

Flood argued that measure was a pro-life imperative as it would prevent costly birth defects. The effort was backed by Nebraska's leading right-to-life organizations as well.

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SOME NEBRASKA PRISON EMPLOYEES DOUBLE THEIR SALARIES WITH OVERTIME PAY

LINCOLN- Seventeen employees of Nebraska’s prison system more than doubled the size of their paychecks during the past fiscal year.

How? They made more in overtime pay than they did in base salary, according to data the state recently provided the Flatwater Free Press.

Some 145 employees of the Nebraska Department of Corrections made at least half their base salary in overtime — part of spiraling overtime costs in the prison system that have cost taxpayers $48 million in the past three years.

The state’s highest overtime earner — a corrections caseworker named Donald Hiatt — was nearly able to triple his salary by working overtime between July 2020 and June 2021. He earned a base pay of $47,840 and an additional $97,400 in overtime pay.

The large individual overtime payments reflect an ongoing crisis faced by the state’s prisons, long overcrowded and now severely understaffed, according to state leaders and experts.

And while recent raises for prison staff offer some hope, Nebraska’s most understaffed prisons have seen little reduction in the need for overtime hours, said Corrections Director Scott Frakes.

In the short term, overtime will cost taxpayers even more: Before the recent raises, it cost 15% more to pay overtime than it did to hire a new employee. The raises — which also supercharge overtime pay — boost that difference to about 55%, Frakes said.

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'YOU ONLY HAVE ONE LIFE TO LIVE': DEMOCRATIC CONTENDER FOR 1ST DISTRICT SEAT TALKS ABOUT RACE

LINCOLN- Sen. Patty Pansing Brooks said she saw an opening.

And it presented an opportunity to continue to play a role in public service and impact lives after term limits nudge her out of the Legislature at the end of the year.

Redistricting decisions adopted by the Legislature last September appear to have reduced the Republican voter registration advantage over Democrats in eastern Nebraska's 1st Congressional District from about 20 percentage points to perhaps a 10- to-11-point difference now, she said.

"People were pushing me," Pansing Brooks said, "and the path was sort of opening. And then I thought I have to try. You have only one life to live."

So she entered the 1st District House race as a candidate for the Democratic nomination with a determination to "bring some of Nebraska to Congress" after eight years in Nebraska's unique nonpartisan Legislature, where she said she has "worked back and forth across the aisle."

The challenge seems daunting. A Democrat hasn't won a House race in the 1st District since 1964, when Clair Callan of Odell was elected to represent a much different congressional district than the one that has been sharply revised by subsequent redistricting decisions and now includes Lincoln, Bellevue, Norfolk, Fremont, and Columbus.

Pansing Brooks says she is ready for debates, and she's planning to become a familiar face throughout the district.

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SUPREME COURT ACCEPTS CASE ON CLEAN WATER ACT; FISCHER PLEASED

WASHINGTON- The U.S. Supreme Court, heeding calls from business and property rights groups, agreed to use a long-running Idaho fight to consider curbing the reach of the 50-year-old Clean Water Act.

The justices said they will hear an appeal from Chantell and Michael Sackett, an Idaho couple waging a 15-year-long battle to build a house on land that federal regulators say is protected wetlands. The Sacketts won a 2012 Supreme Court ruling that let their lawsuit go forward.

The Supreme Court is likely to hear the case in the term that starts in October.

Republican officials from Nebraska and Iowa have long been critical of the Obama-era regulations known as Waters of the United States, or WOTUS.

Nebraska Sen. Deb Fischer, a member of the Senate Agriculture Committee, said in a statement that she was pleased the court is taking up the case.

“Since 2015, I’ve fought against the Obama-era WOTUS rule because it is the federal government at its worst: it is overreaching and hurtful to families, communities, and businesses,” she said.

The new case could give companies a freer hand to discharge pollutants and let developers construct more new houses without getting a federal permit. The U.S. Chamber of Commerce and the National Association of Home Builders were among the groups urging the Supreme Court to hear the case.

The case becomes the second major environmental clash on the court’s docket. The justices next month will consider limiting the Environmental Protection Agency’s ability to address climate change through sweeping reductions of power plant emissions.

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MUTUAL OF OMAHA, STOTHERT REVEAL PLANS FOR DOWNTOWN OMAHA SKYSCRAPER, STREETCAR SYSTEM

OMAHA- Downtown Omaha would see a stunning new high-rise corporate headquarters and the long-discussed midtown streetcar line would become a reality — with no projected tax increase — under a blockbuster development plan announced by Mutual of Omaha and Mayor Jean Stothert.

Mutual of Omaha will reshape the downtown skyline with its planned skyscraper headquarters that could become the city’s tallest. An architect’s concept rendering depicts a glassy 40-plus story building rising above the block currently occupied by the downtown library at 14th and Douglas Streets.

The tower would sit along the route of a three-mile city streetcar line that would run from the University of Nebraska Medical Center to Omaha’s riverfront. The mayor said rides on the streetcar will be free.

Stothert said vetted projections show the $225 million costs of building the streetcar system would be completely paid for by using tax-increment financing, harnessing the new property tax dollars generated by new developments along the line.

Those new developments would include not only the new Mutual headquarters but the sizable redevelopment of Mutual’s current midtown campus once the company vacates it to move its 4,000-employee Omaha workforce downtown.

Plans call for construction to begin on both projects by next year, with both open and functioning by 2026.

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OMAHA MASK MANDATE STAYS IN PLACE; NO EASY WAY FOR STATE TO APPEAL JUDGE'S RULING

OMAHA- The ink had just dried on a judge’s order upholding the City of Omaha’s mask mandate Tuesday when an attorney opposed to the mandate set eyes on whether they could get the issue before another set of robes.

Dave Lopez, a private-practice attorney, and former assistant Nebraska attorney general representing three Republican members of Omaha’s City Council said he was exploring how, and how quickly, this case could get to Nebraska’s Supreme Court.

The short answer: It probably will not be quick or easy.

In the vast majority of cases, the Nebraska Supreme Court requires that any appeals be based on a final order. Douglas County District Judge Shelly Stratman merely declined to issue a temporary restraining order on Tuesday — and isn’t close to a full hearing on the case.

Stratman pointed to Nebraska Supreme Court decisions that say a judge’s ruling on “a temporary injunction is not an appealable order.”

Additionally, in her 30-page decision, Stratman emphasized that both sides will present evidence at a yet-to-be-scheduled permanent injunction hearing. At such a hearing, the state could present additional information that would change her mind regarding who has the power “to enact measures related to communicable diseases in the City of Omaha.”

The state had argued that such mandates require approval from the Nebraska Department of Health and Human Services.

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PUBLIC SCHOOL ADVOCATES AMONG THOSE WITH OBJECTIONS TO RICKETT'S COVID RELIEF SPENDING PLAN

LINCOLN- Gov. Pete Ricketts’ proposal for spending $1.04 billion in federal pandemic relief funding would send money to a broad range of initiatives. And, in a hearing that lasted nearly eight hours Tuesday, groups that would benefit from his ideas praised the plan.

It was the causes that wouldn’t get funding — or at least enough of it — that fueled some objections at the Appropriations Committee's hearing, including the state's public schools and areas of Omaha with large populations of Black and Latino residents.

Tim Royers with the Nebraska State Education Association and others expressed concerns about the funding actually delivering support for students.

“The question that we need to ask ourselves today is this: How are we making sure that students are receiving additional support services on top of their regular schooling?” said Royers, a former Nebraska teacher of the year.

State Sen. Steve Erdman of Bayard asked Royers if he thought a child could be better off in a private school than a public school, and Royers acknowledged that could be the case.

“I’ll tell you right now, public schools are not the answer for every child,” Erdman said.

But Royers and other testifiers urged the committee to instead send funding toward school psychologists and speech-language pathologists, third parties that provide support via school programming, after-school programming, child care, summer school, retention measures for teachers and school counselors, incentive pay for mental and behavioral health professionals, school-based health clinics, tuition credits for teachers and more.

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NEBRASKA SENATORS ADVANCE BILL TO KEEP PROPERTY TAX CREDIT PROGRAM FROM SHRINKING

LINCOLN- Nebraska lawmakers advanced a bill this week that would continue an income tax credit program at a level high enough to offset about a quarter of school property taxes.

LB723 cleared first-round consideration on a 36-0 vote, but only after an amendment was added to keep the program from exploding in cost. The measure must clear two more rounds of debate to pass.

Sen. Lou Ann Linehan of Elkhorn, the Revenue Committee chairwoman, backed the amendment and the bill, which make changes to a program that allows property owners to claim refundable income tax credits equal to a portion of what they paid in school property taxes.

"It protects us against it getting a lot more and yet prevents us from going backward," she said.

As amended, LB723 would fix the size of the program at $548 million for the current year and at $560.7 million for 2023, then allow it to grow as a new property is added to the tax rolls.

Sen. Tom Briese of Albion, who introduced the measure, said that without LB723, the program would shrink by about $200 million in 2025, which he said would amount to a property tax increase.

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NEBRASKA OFFICIALS ANNOUNCE EFFORTS TO FREE UP HOSPITAL SPACE

LINCOLN- State officials have announced plans to free up more beds in hospitals and to provide free, at-home COVID-19 test kits for Nebraska residents.

Nebraska Gov. Pete Ricketts mentioned both programs last week in testimony before the House Select Subcommittee on the Coronavirus Crisis.

Nebraska hospital officials have said that one of the challenges they face is a lack of places where they can send patients who are well enough to be discharged but not well enough to go home.

Under the so-called hospital decompression program, the Nebraska Department of Health and Human Services will open 78 to 98 skilled nursing beds at three locations in Omaha, Lincoln, and Grand Island.

The first patients will be accepted at the Lincoln facility on Feb. 1. That facility, situated in the Seagren House Building at 3355 Orwell St., will offer 16 to 36 beds and be operated by Mission Health Communities.

Facilities in Omaha and Grand Island, which would offer 32 and 30 beds, respectively, will begin accepting patients 10 to 14 days after contracts are finalized. The locations will be announced after contract finalization.

Jeremy Nordquist, president of the Nebraska Hospital Association, thanked Ricketts and the state health department for their efforts in helping to free beds in the state’s hospitals.

“We appreciate their partnership and efforts,” he said in a statement. “This is a critical issue for our hospitals and health care heroes as we continue to be challenged by the impacts of COVID-19.”

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NEBRASKA AGENCY HEAD URGES FUNDING SUPPORT FOR SOUTH PLATTE PROJECT

LINCOLN- Nebraska could "lose up to 90 percent" of the water from the South Platte River before it would flow into the state from Colorado if it does not act swiftly to exercise its rights to secure its share of the water, the Legislature's Appropriations Committee was told Tuesday.

Tom Riley, director of the Nebraska Department of Natural Resources, spoke in support of a comprehensive pandemic recovery bill (LB1014) that would begin to funnel $500 million of federal pandemic funding into the construction of a canal and reservoir system to secure Nebraska's share of the water.

Colorado is "spending 20 times what we're asking" on water projects and may "look to be potentially accelerating construction now" in reaction to Gov. Pete Ricketts' proposal to build a Perkins County canal along with reservoirs, Riley said.

"Colorado is pursuing water that Nebraska is entitled to use," he said.

Under terms of the 1923 compact, Nebraska can build, maintain and operate canals within Colorado's border that divert water from the South Platte River for use by Nebraska.

Ricketts announced his plan to exercise Nebraska's rights to share water between the states when he unveiled his 2022 budget recommendations to the Legislature.

The committee heard testimony on LB1014, a bill introduced by Speaker Mike Hilgers of Lincoln on behalf of the governor, that would allocate a billion dollars of federal pandemic funding that will be delivered to the state in two segments.

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NEW NEBRASKA WEBSITE OFFERS PUBLIC NOTICES

LINCOLN- The Nebraska Press Association has launched a public website to provide greater public access and notification to the workings of all government entities and courts in Nebraska. The website — nepublicnotices.com — is a cooperative effort of all Nebraska newspapers and is managed through the NPA.

The free-access website was initiated in June. There are more than 90,000 notices on the site, with more posted each day. The notices are searchable by keyword, notice type, date, publication, county or city or village. After public notices appear in print in newspapers — as required by state laws — they are then uploaded by newspapers to the website within 24 to 48 hours of publication.

Dennis DeRossett, executive director of the Nebraska Press Association, said newspapers across Nebraska funded the development of the site, as well as all costs involved with hosting and maintaining it; there is no additional cost to any government entity or court for notices to appear on this website.

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SEN. WAYNE OBJECTS TO CITY'S USE OF TIF TO FINANCE OMAHA STREETCAR

OMAHA-The proposed finance plan for Omaha’s streetcar system has drawn concerns from a Nebraska state senator and the superintendent of the Omaha Public Schools.

State Sen. Justin Wayne of Omaha, chairman of the Urban Affairs Committee, shared his criticism on the floor of the Nebraska Legislature on Thursday, one day after Omaha Mayor Jean Stothert announced that Mutual of Omaha plans to build a downtown headquarters and the city intends to build a streetcar system.

Wayne expressed frustration with the use of tax-increment financing for the streetcar project.

He said he supports Mutual of Omaha moving its headquarters downtown but not the idea of declaring downtown as “extremely blighted.”

Under a constitutional amendment introduced by Wayne and approved by voters in 2020, the “extremely blighted” designation allows developers to qualify for TIF loans and have 20 years to pay them back, five years longer than TIF projects in other areas. He said the designation was intended to help redevelop areas with high unemployment and high poverty, such as his North Omaha district.

The streetcar financing plan, developed by a Greater Omaha Chamber committee and endorsed by Stothert, calls for various uses of TIF.

The cost of building and launching the streetcar system is estimated at $225 million. Stothert said federal guidelines call for a 35% contingency in case of unexpected costs, so the city would need to raise $306 million.

The city plans to extend the timeline of already existing TIF projects along the streetcar’s route from the current 15 years to 20. Those five additional years of payments would generate $50 million.

But Wayne said the five-year extension of TIF for extremely blighted areas “wasn’t to put up a streetcar in downtown Omaha.”

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OMAHA SHOWS STIFFER SENTENCES AREN'T ONLY WAY TO TACKLE GUN VIOLENCE

OMAHA - A recent meeting of the Omaha 360 anti-gun violence coalition began with a grim rundown from Omaha police precinct captains and the gang unit chief on the latest shootings — among them the slaying of a 22-year-old and critical wounding of two others.

The focus quickly turned on how to prevent the next shooting.

Galat Toang, an Omaha police gang specialist, spoke on recent efforts to reach out to gang members and other youths at risk of falling into gangs. Toang asked one boy if there was one thing in his life he wished he could change and was met with tears from the youth.

“There are a lot of kids who wish to be something different,” Toang said.

Omaha has greatly altered how they deal with street gangs and gun violence in the past decade.

All-new tactics have developed due to Omaha police officials working closely with affected communities in North and South Omaha. Some of which include a beefed-up gang specialty unit, shot detection technology that speeds response to shootings, enhanced rewards for tips that solve shootings, and street-level intervention.

The changes seem to have made a difference.

Shootings and homicides are down significantly in the past decade. In addition, those who commit violent crimes are far more likely to be caught and face justice.

The issue Omaha police and community members are trying to solve is one that goes back to the 1980s when Los Angeles-based street gangs arrived and began violently competing for the city's drug trade.

As a result, gun violence in Omaha hit a peak in July 2007 when there were 31 gun assaults in 31 days. Of these, arrests were made in only two.

In response, state lawmakers passed the 2009 law that stiffened penalties for crimes involving guns, including a number now carrying mandatory minimum sentences.

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SOME OMAHA EMPLOYERS DROP VACCINE REQUIREMENTS AFTER SUPREME COURT RULING

OMAHA- In the wake of the U.S. Supreme Court’s ruling Thursday blocking the Biden administration’s requirements that employees at large companies either get vaccinated against COVID-19 or be tested regularly, some Omaha companies said they will no longer require employees to receive the vaccine.

Spokespeople for First National Bank of Omaha and Conagra said they are no longer proceeding with the steps specified in the now-blocked emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration in November.

A Mutual of Omaha spokesperson said Monday that the company was collecting the vaccination status of its employees and requiring unvaccinated employees to wear a face-covering in the workplace, but was not requiring its employees to either be vaccinated or tested.

The spokesperson said Mutual has not changed any of its protocols in the wake of the 6-3 Supreme Court decision.

Several other large employers contacted by The World-Herald did not specify whether they would require their employees to receive a vaccine or be tested for COVID-19.

Nationally, some large employers, including Target and Ford Motor Co., said they were reviewing the court’s decision.

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SALE OF CONTAMINATED BIOCHAR FROM ALTEN HALTED AFTER STATE AGENCY INTERVENES

MEAD- A few hundred sacks of contaminated solid waste will remain at AltEn for the time being after state regulators intervened in the former ethanol plant’s plan to sell biochar to a Kansas landowner.

The biofuel plant, where seed coated with pesticides was turned into ethanol along with highly contaminated solid and liquid byproducts, told the Nebraska Department of Environment and Energy it found a buyer for the charred distiller’s grains in December.

But the Topeka-area landscape company owner who initially agreed to remove the biochar from AltEn told the Journal Star he wasn’t aware of the ethanol plant’s operations and history of running afoul of state environmental regulations until this month.

“Once I learned it was under investigation, it was just a no,” said Brady Yingling, owner of B. Cole Agriculture, which was identified by AltEn as the buyer in records kept by the state.

Yingling said he has long been interested in biochar as a substitute for chemical fertilizers, using the natural product — most often, biochar is wood turned into charcoal — in place of anhydrous ammonia, nitrogen or petroleum-based products.

His plan, he said in a phone interview, was to apply biochar to the fields surrounding his home north of the Kansas capital, measure the results and promote the method to farmers as a cheaper organic option for improving soil health.

In the market for the product, he said he reached an agreement with AltEn to purchase the biochar in November.

Tanner Shaw, AltEn’s president, told the state in a Dec. 27 letter the biochar would be land applied to corn and soybean acres. He disputed an analysis of the product that found it heavily contaminated with neonicotinoids, pesticides commonly used in seed treatments.

Testing done by the state ultimately found trace amounts of pesticides in air emissions coming from the biochar system, while a sample of the biochar itself showed concentrations well above the recommended rate set by the chemicals' manufacturers.

"Therefore, NDEE continues to consider the biochar to be a solid waste," the agency told AltEn in a March 26, 2021, letter. "Due to the nature of the pesticides contained in the waste, NDEE is prohibiting land application."

Green Disposal Mead later told the department in October 2021 it was decommissioning the biochar unit, leading to questions from the state on what was happening to the machine, as well as the sacks of charred wet cake remaining at AltEn.

AltEn's response, in turn, brought Yingling to the state's attention.

"The last thing I want is to bring a product to this community that would harm anyone," he said. "I'm glad I didn't get in the middle of it."

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SENATOR PROPOSES NOVEMBER VOTE TO CREATE PARTISAN LEGISLATURE

LINCOLN- Sen. Julie Slama of Sterling introduced legislation Thursday calling for a general election vote in November on a proposed constitutional amendment that would transform Nebraska's unique nonpartisan Legislature into a partisan body.

"It's high time we end the idolatrous practice of celebrating Nebraska's nonpartisan unicameral simply because it's unique," Slama said.

"This form of government has failed to address structural issues in our state — from property taxes and school funding to Second Amendment rights — on the altar of being 'special,'" she said in a written statement accompanying her introduction of LR282CA.

"This measure brings a renewed transparency to the Nebraska Legislature," she said.

Slama is a registered Republican who was appointed to the Legislature by Gov. Pete Ricketts in 2019 at the age of 22. She was elected to a four-year term in 2020.

The Nebraska Legislature is unique not only as the nation's only one-house state legislature, but also because its members are elected on a nonpartisan basis and its organization is not structured on a partisan basis.

The current Legislature has 32 Republicans and 17 Democrats.

"There is no evidence to support claims that Nebraska's nonpartisan Legislature offers any benefit to Nebraskans in policy outcomes," Slama said.

"No other states in America have adopted and maintained a similar form of government," she said.

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