Urban Affairs

Nebraska Legislative Bill LB 798 amends statutes to change how planning commissions operate in cities of the second class and villages, and allows second-class cities to elect council members by ward. Specifically, it revises the size options for planning commissions (from a fixed nine members to three, five, seven, or nine members) and modifies term-length rules for smaller commissions. The bill directly affects cities of the second class and villages by giving them flexibility in commission structure and enabling ward-based council elections. These changes aim to provide local governments with more tailored governance options under existing municipal law.

Nebraska's LB 1163 amends rules for Property Assessed Clean Energy (PACE) liens on properties. It changes how delinquent annual PACE assessments become liens: for single-family homes, liens are recorded immediately upon assessment (not when delinquent), while non-residential properties require recording after delinquency. The bill clarifies lien priority - PACE liens rank below prior mortgages for single-family homes but match tax lien status for other properties - and specifies that delinquent PACE assessments may be extinguished in foreclosure if sale proceeds are insufficient. This directly affects property owners with PACE financing, particularly those selling or facing foreclosure on qualifying energy-efficiency projects.

Nebraska's LB 797 raises the minimum bidding threshold for municipal infrastructure contracts from $90,300 to $100,000. It directly affects cities of the first and second class, as well as villages, when they issue contracts exceeding $100,000 for projects like water systems, sewers, bridges, or street improvements. The bill requires cities to advertise for bids on such contracts, unless exempted by specific electric utility revenue thresholds (e.g., $1 million for utilities with over $75 million in annual revenue). This change modifies existing Nebraska law to increase the dollar amount triggering the competitive bidding process for public works projects.

LB 1130, titled "Adopt the Community Improvement District Act," establishes a legal framework for cities and villages in Nebraska to create community improvement districts (CIDs). These districts, formed by a majority of property owners within a defined area, can levy property taxes (up to a specified rate per $100 valuation) and issue bonds or warrants to fund public infrastructure projects like roads, parks, water systems, and sewer improvements. The bill defines key terms including "public infrastructure" (covering facilities such as streets, utilities, and recreational spaces) and sets limits on land ownership by CIDs (max 10 acres unless used for public purposes within three years). It directly affects property owners in participating cities/villages who would pay for these district-funded improvements through special assessments.

LB 915 reduces Nebraska's statewide cap on inland port districts from six to five under the Municipal Inland Port Authority Act. This change affects cities, counties, and joint city-county proposals seeking to establish inland port districts by limiting the total number that can be created. The bill does not alter the criteria for creating a district but enforces a stricter maximum, meaning only five districts will be permitted at any time. This policy adjustment directly restricts future expansions of inland port authorities across the state.