Climate Justice

The 2023 session of the Nebraska Legislature is now over.  None of the legislative bills covered below were adopted, though LB738 was combined with other bills as part of LB138.   One bill, LB505, was indefinitely postponed.  The remainder, while not adopted, will carry over to the 2024 Legislative session for possible action. The status that each will have when the Legislature reconvenes in January is noted in the descriptions below.

LR21: Introduced by Senators Brewer and Erdman—this resolution proposes that sustainable nuclear energy is needed in Nebraska to augment fossil fuel and renewable energy generation.  If adopted it would establish a special committee to be known as the Small Modular Nuclear Reactor Study Committee to study the feasibility of constructing and operating small modular nuclear reactors to generate power in Nebraska.  The committee would be made up of several of the legislative committee chairs and an undetermined number of additional members of the Legislature.  When the study is completed the committee is to make a report to the Legislature, but no timeline for doing that is specified. On General File for 2024.

LB49: Introduced by Senator Dungan—this bill would amend existing statutes relating to solar energy to allow cities and counties to adopt regulations prohibiting vegetation that would interfere with a solar energy facility’s right to direct sunlight.  It would also make void and unenforceable land use covenants, including those by HOA’s, and similar instruments that prohibit the installation or use of a solar energy collector or solar energy system.  HOA’s could also not charge a homeowner any fee for the placement of any solar energy collector or solar energy system. Held over in the Judiciary Committee.

LB255: Introduced by Brewer and Erdman—this bill would prohibit Omaha, Lincoln, NPPD, OPPD and LES, from using eminent domain to acquire any property for the purpose of constructing or operating a renewable energy generation facility producing electricity with wind or solar energy.  It would impose the same restrictions on what are currently considered privately developed facilities if the ownership of those private entities includes any of the public entities noted above.  NPPD, OPPD and LES would also be prohibited from entering into any new C-BED project (community based energy developments that are designed to produce energy from wind, solar, biomass or landfill gases) after the effective date of the act if that project is to generate electricity using wind or solar energy.  They could also not use the power of eminent domain to acquire any existing C-BED project or related facilities.  Finally, NPPD, OPPD, and LES could no longer file an application with the Power Review Board for new projects that would produce electricity using wind or solar energy. Held over in the Natural Resources Committee.

LB399: Introduced by Brewer and Erdman—this bill would change the procedures for approval by the Power Review Board (PWB) of applications by a privately developed renewable energy generation facility before commencing construction of its planned facility.  (Note the proposed changes in what would constitute a privately developed facility in LB255 above).  The PWB would hold a hearing on the application within 120 days after the application is filed.  Following the hearing the Board would approve the application if it found that the application meets the criteria under existing law and “is not outweighed by any testimony or evidence in opposition to the application offered by power suppliers, other interested parties, or members of the public.” Held over in the Natural Resources Committee.

LB505: Introduced by Bostar—this bill would change the fee charged at the time of registration of a motor vehicle powered by an alternative fuel.  That fee is currently $75.00; under the bill it would be $200.00 except for a plug-in hybrid electric vehicle it would be $125.00.  It would also levy an excise tax of 3 cents per kilowatt hour on the electric energy used to charge the battery of a EV or plug-in hybrid at a commercial electric vehicle charging station unless that station is owned by a political subdivision that does not charge for the electric energy.  Charging stations could only be used to charge electric vehicles.  Commercial EV charging stations could charge customers on the basis of kilowatt hours consumed. Indefinitely postponed.

LB566: Introduced by Bostelman—LB566 would require the Natural Resources Committee to study “the economic impacts of an increasing reliance on an intermittent renewable energy generation approach to the generation of electricity in Nebraska.”  The committee’s report, including recommendations, would be submitted to the legislature by November 15, 2023.  The bill has the emergency clause so that it would become effective, if adopted, with the Governor’s signature. On General File for 2024.

LB599: Introduced by Armendariz—this bill relates to regulatory authority over “advanced recycling facilities” pursuant to the Integrated Solid Waste Management Act (ISWMA) administered by the NE Department of the Environment and Energy.  Advanced recycling is a “process for the conversion of post-use polymers and recovered feedstocks into raw materials, feedstocks, chemicals, and other products through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis (terms that are defined by the bill) and other similar technologies.  I do not know the differences between those processes, but I do know that pyrolysis is an option for converting into usable products the types of hard-to-recycle plastics that can be placed in the Hefty orange energy bags. Here in Lincoln, Uribe Refuse is at least one refuse hauler who will collect those orange bags.  Advanced recycling facilities have not previously been subject to the ISWMA.  The bill would also provide that capital assistance for advanced recycling facilities could be provided from the state’s Waste Reduction and Recycling Incentive Fund. On General File for 2024.

LB738: Introduced by Raybould—this bill would define Class I, Class II, and Class III electric bicycles.  It would add all such electric bicycles to the statutory list of vehicles that are not self-propelled and for which their use may be regulated by state and local entities. While LB738 itself was indefinitely postponed, the content of the bill was added to LB138, an omnibus transportation bill.  That bill was adopted and signed into law with the emergency clause which means it became law with the Governor’s signature on June 1.

1. Effects of Climate Change on Human Health—The Lincoln Journal Star and the Omaha World Herald had identical articles on Sunday, February 19, 2023 about the adverse, but too often overlooked, effects of climate change on human health.  The following link is to the Journal Star article. https://journalstar.com/lifestyles/health-med-fit/health-matters/health-matters-climate-change-already-impacting-nebraskans-health/article_2b99e666-ab83-5d77-b4c2-d38e9fc593ac.html
2. Decoding the Weather Machine – A documentary outlining what is happening scientifically to our planet because of the addition of greenhouse gases to our atmosphere and what options exist for reducing the increases in global warming.
3. SojoAction Christians and Climate Q&A – This resource aims to demystify the topic of climate change and clarify the call to take action for climate justice. Designed for Christians of all backgrounds, it addresses the most common questions and concerns we hear about the climate crisis and provides clear steps for action.
4. “Earthrise” by Amanda Gorman – A poem recited by National Youth Poet Laureate.
5. Watch the Recent PBS Video “Earth Emergency”
   “Earth Emergency” is a recent PBS production that describes how the effects of global warming are themselves leading to more global warming and climate change.  In other words, it demonstrates how changes such as the warming of the oceans, by itself, leads to more global warming and how the thawing of artic tundra releases more carbon into the atmosphere.  It is a sobering reminder of the challenge we face globally in our effort to combat climate change. That video is available anytime to those who have PBS Passport and is occasionally aired on PBS.
6. Climate Change Books
   The following are recommended as sources of information that will further explain climate change and its impacts:
   1. Bill Gates book “How to Avoid a Climate Disaster” not only describes the nature and extent of the climate challenge ahead of us, but also the technological obstacles that must be overcome to meet those challenges.
   2. “The Future We Choose” by Christiana Figueres and Tom Rivett-Carnac describes what we can expect in the future (2050) if we alternatively do or do not do anything to stop emitting greenhouse gases.  
   3. A short 112 page book that includes speeches by Greta Thunberg, the remarkable Swedish teenager who has gained worldwide acclaim for her advocacy for climate change action is titled “No One is Too Small to Make a Difference.”
   4. A slightly different twist on the environmental challenges ahead can be found in Doug Tallamy’s book “Nature’s Best Hope, A New Approach to Conservation that Starts in Your Backyard.”  In that book the author explains how important insects and plants, especially the native plants that support the insects, are essential to the continued existence of our ecosystems.
   5. Dr. Katharine Hayhoe, an internationally recognized climate scientist, is the author of a book entitled “Saving Us: A Climate Scientist’s Case for Hope and Healing in a Divided World.”  In that book Dr. Hayhoe explains how we can more easily start and have conversations with others about climate change.
7. The IPCC (International Panel on Climate Change) produces a new report each year. The 2023 report released in March emphasizes the need for urgent climate action and describes how the most vulnerable global populations are the most at risk from current and increasing impacts of climate change. It also suggests that global resources are sufficient to prevent climate change catastrophes if the political will is present. Both a four-page press release about the new report and the report’s summary for policymakers can be found by searching for IPCC 2023 report.
8.  For information on the sources and proportions of greenhouses gases in our atmosphere, take a look at: https://www.epa.gov/ghgemissions
9. To calculate your own carbon footprint and see which of your activities are causing the most emissions, do the fun activity found at: https://www3.epa.gov/carbon-footprint-calculator.
10. To learn about emissions globally, by type of gas being emitted, by economic sector and by country, see: https://www.epa.gov/ghgemissions/global-greenhouse-gas-emissions-data.
11. Arguments are still being made about whether electric vehicles result in fewer greenhouse gas emissions when their manufacture and disposal are also considered.  For an excellent article about how much lower emissions are with an EV, read: https://arstechnica.com/cars/2021/07/electric-cars-have-much-lower-life-cycle-emissions-new-study-confirms/ An even more recent analysis of the greenhouse gas emission differences between fossil fueled and electric vehicles can be found at https://www.ucsusa.org/resources/driving-cleaner
12. A blog about plastic bags and the damage they cause can be seen at: https://blog.padi.com/2017/03/27/7-facts-plastic-bags-will-change-way-use/.
13. An article about divestment in fossil fuels in the New Yorker magazine can be found at: https://www.newyorker.com/news/daily-comment/the-powerful-new-financial-argument-for-fossil-fuel-divestment.
14. Composting of food waste and other organic materials is another way of reducing greenhouse gas emissions.  The City of Lincoln’s website has several items of interest about composting including how to do it ourselves and what is available commercially in that regard.  It can be easily accessed by going to: https://www.lincoln.ne.gov/home and by searching for “compost.”  The UNL Extension Service also has made a lot of helpful information about composting available at: https://extension.unl.edu and by searching for “compost” there as well.