ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025 COMMITTEE STATEMENT LB663 Hearing Date: Friday February 28, 2025 Committee On: Government, Military and Veterans Affairs Introducer: Storer One Liner: Provide for required education for members of county planning commissions and county boards and change provisions relating to conditional use or special exception determinations by county planning commissions and county boards Roll Call Vote - Final Committee Action: Advanced to General File with amendment(s) Vote Results: Aye: 5 Senators Sanders, Andersen, Lonowski, McKeon, Wordekemper Nay: 2 Senators Cavanaugh, J., Hunt Absent: Present Not Voting:1 Senator Guereca Testimony: Proponents: Representing: Senator Tanya Storer Opening Presenter Dean Settje Self Greg Hoegermeyer Self Matthew Erickson Self Bruce Rieker Nebraska Farm Bureau, Nebraska Cattlemen, Nebraska Corn Growers Association, Nebraska Pork Producers Association, Nebraska Sorghum Growers Association, Nebraska State Dairy Association, Nebraska Soybean Association, Nebraska Wheat Growers Association, Renewable Fuels Nebraska Opponents: Representing: Nancy Meyer Self Jane Egan Nebraska Communities United Elaine Menzel Nebraska Association of County Officials (NACO) Edison McDonald GC Resolve Misty Ahmic Self Neutral: Representing: Kris Bousquet Nebraska State Dairy Association * ADA Accommodation Written Testimony Committee Statement: LB663 Government, Military and Veterans Affairs Committee Page 1 5505ee3474ceddc4b79a2de6175ddfeb Summary of purpose and/or changes: This bill proposes three substantive changes to a section of law relating to the duties and powers of county officials. First, it would mandate two hours of education per term on the role of county commission or board members, to be developed and presented by the county attorney. Second, the bill would provide that county board or commission members must grant a conditional use permit (CUP) or special exception solely based on county zoning regulations. Such county officials would not be allowed to require applicants to obtain federal, state, or local permits as a condition for granting such a CUP or special exception. The bill would require county officials to presume that the applicant will comply with local, state, and federal requirements and to approve the application unless there is factual evidence rebutting such presumption. Third, this bill proposes a mandatory timeline for county planning commissions to act on such applications. Within thirty days, the commission would have to notify the applicant of any further information required for processing of the application. Within thirty days of receiving such additional information, the commission would be required to determine if the application is complete. Within ninety days after receipt of a complete application, the commission would have to either grant or deny the application or make a recommendation to the county board about granting or denying the application. Once a recommendation is received by the county board, that board would have thirty days to determine whether it is complete, another ten days to request any further information required for a final determination, and then thirty days from receipt to analyze whether the application is complete. After these steps are completed, the board would have ninety days after receiving a completed application to take final action. Explanation of amendments: AM 973 revises the continuing education requirement by limiting it to counties that have enacted zoning and by requiring that county attorneys also receive this continuing education. The amendment also provides for county zoning administrators to play a role in the newly mandated process for conditional use permit application review. Rita Sanders, Chairperson Committee Statement: LB663 Government, Military and Veterans Affairs Committee Page 2 5505ee3474ceddc4b79a2de6175ddfeb