Nebraska Proposal To Prioritize Resources In Times Of Emergency Advances In Business, Labor Package

From Nebraska Examiner:

By Zach Wendling

April 20, 2023

LINCOLN — Nebraska lawmakers advanced a package of legislation Thursday from the Business and Labor Committee, including one bill on resource allocation in times of emergency.

Legislators voted 45-0 to create and advance a package of seven bills, including Legislative Bill 267, proposed by State Sen. Tom Brewer of Gordon. LB 267 and six other bills were substituted for the provisions of LB 191, originally introduced by State Sen. Steve Halloran of Hastings.

Brewer’s bill would give priority access to resources for “critical infrastructure utility workers” during civil defense emergencies, as determined by the president of the United States.

The bill borrows an August 2021 definition of critical workers from the U.S. Department of Homeland Security, which includes the health care, public power, transportation and education fields.

These workers would have prioritized access to resources during designated emergencies that pose a “severe threat” to human health, such as:

• Personal protective equipment.
• Medical screening.
• Testing.
• Preventive health services.
• Medical treatment.
• Administration of vaccines.

Brewer told the Nebraska Examiner the bill emerged primarily after COVID-19 for public power workers. He said they were left in “no man’s land” with vaccines or other resources despite having a “critical task,” including keeping the lights on.

Nebraska Adj. Gen. Daryl Bohac was the lone testifier against Brewer’s proposal at its Jan. 30 public hearing. Bohac is the director of the Nebraska Emergency Management Agency, which is a division of the Nebraska Military Department.

Bohac testified that Brewer’s proposal is a “very clear form” of the state supplanting local capabilities and responsibilities with a broadly defined state mandate.

“During my nine, nearly 10, years in this position, I have seen the value of local governments having a level of autonomy when it comes to addressing the unique needs of their communities during times of disaster response,” Bohac testified.

Brewer first introduced a version of LB 267 in 2021 that ran out of time for consideration. Bohac also opposed that bill.

Bohac said he worked with Brewer after the first bill to add provisions to Nebraska’s emergency management policies, including some related to public power workers.

Bohac said LB 267 would have an “indeterminable” fiscal impact depending on the disaster.

“Saying local control is the reason this bill should be opposed is so wrong-headed,” Brewer said at the hearing, following Bohac.

Brewer testified that trying to delineate priorities down to local control would be difficult and that local control authorities would embrace — not oppose — his bill.

“This is not something that we die on the hill fighting over,” Brewer continued. “This isn’t changing anything but to help, not hurt.”

The Business and Labor package also includes legislation from State Sens. Tom Briese of Albion (LB 249), Merv Riepe of Ralston (LB 427 and LB 666), Mike McDonnell of Omaha (LB 460), Carol Blood of Bellevue (LB 639) and Ben Hansen of Blair (LB 671).

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