Nebraska lawmakers forgo proposed protections to Environmental Trust

LINCOLN — State lawmakers skipped an opportunity to let voters consider clarifying protections for the Nebraska Environmental Trust, which has been the target of multiple proposed funding sweeps in recent years.

Legislative Resolution 298 CA, introduced by State Sen. Tom Brandt of Plymouth, sought to make plain that Trust funds could only be awarded via competitive grants.

The resolution stemmed from a pattern of Gov. Jim Pillen’s administration proposing transfers out of the Trust to help balance the state budget. At least $29 million over the past three years has been swept from the Trust to fund state agency operations.

Pillen proposed pulling more than $40 million from the Trust again this year, to be allocated to several water projects. The Appropriations Committee reduced the transfer to roughly $11 million, directing $6 million to the Water Resources Cash Fund and the remaining $5 million to support environmental endeavors at Lewis and Clark Lake.

The Environmental Trust distributes about $20 million a year in grants on a competitive basis from its 44.5% cut of the proceeds of the Nebraska Lottery. Most go to conservation and wildlife agencies, including Ducks Unlimited and the Sandhills Task Force or to local recycling programs. Grantees must obtain matching funds, which advocates say multiplies the impact of the funds.

As of Wednesday, Brandt said he was confident he had the 33 votes necessary to overcome an expected filibuster against the resolution, but opponents flipped three of the votes over the following day.

With Thursday being the last day for bills to advance out of the first round of debate during the 60-day session, Brandt ran out of time to change enough senators’ minds this year.

“We just got caught in the vice of the last bill on the last day,” Brandt said.

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Brandt said he believed opposition to his resolution stemmed from the governor’s Policy Research Office, though he noted no members of the office had spoken with him about the proposal.

Brandt said he believed the root of the opposing argument was that lawmakers shouldn’t pass legislation through constitutional amendments. State Sen. Tanya Storer of Whitman, who filed a filibuster motion on LR 298 CA, echoed as much in a written statement.

“My opposition LR298 CA is moot in a strong belief that we should not legislate through constitutional changes,” Storer wrote. “This constitutional amendment was significantly narrowing the provisions for NET grant dollars in a way that should be reserved for ongoing legislative oversight. We should never attempt to fix politically cyclical challenges through the constitution. I believe this simply is bad governance.”

Constitutional amendments must pass a vote of the people after they are passed by the Legislature, making them tougher to pass than standard bills, but offer longer staying power when it’s accomplished.

The Nebraska Constitution already lays out some guidelines for how Trust funds are meant to be used, leading some supporters of Brandt’s resolution to share concerns that the continued sweeps could result in a lawsuit against the state.

Brandt, who is term-limited after this session, said his plan is to organize a legislative bill proposing the same protections next year.

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Examiner Senior Contributor Paul Hammel contributed to this report.