All Roll Calls
Yes: 258 • No: 34
NebraskaLB1010109th Legislature 1st and 2nd SessionslegislatureWALLET
Adopt the Large Load Customer Regulation Act, provide for eminent domain relating to energy storage and regulation and taxation of energy storage resources, and change provisions relating to cryptocurrency mining operations and data centers
Sponsored By: Tom Brandt
Signed by Governor
Natural Resources Committee
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 0 benefits, 0 costs, 6 mixed.
Storage pays capacity tax, gets exemption
Energy storage resources of 100 kilowatts or more pay an annual nameplate capacity tax of $3,518 per megawatt. The report is due March 1, the tax is due April 1, and the first year is prorated; quarterly delinquency rules apply. Depreciable personal property used to store electricity (when the resource is subject to this tax) is exempt from regular property tax. County treasurers send 5% of the tax to the local community college area and the rest to local taxing entities. For the first five years after a project starts, these tax receipts count as nonrestricted funds for local budgets.
Local budget law terms change 2025
Beginning July 1, 2025, counties, cities, and villages are no longer counted as governing bodies or governmental units under certain state budget‑growth laws. This changes which local entities must follow those budget‑growth and allowable‑growth rules starting with fiscal years on or after that date.
Eminent domain and storage ownership
Consumer‑owned electric districts can use eminent domain to acquire property for storage, generation, transmission, and distribution. But qualifying privately developed renewable projects are protected from eminent domain by consumer‑owned suppliers. Corporations covered by section 70‑704 may now receive, store, transmit, distribute, and sell electric energy. Privately developed renewable facilities now explicitly include their associated storage and connected equipment.
Miners and data centers must pay upgrades
You must tell the local public power supplier before installing a cryptocurrency mining operation or a data center. The utility must do a load study first, but it can require you to pay for any needed grid upgrades and may ask for direct payment or a letter of credit. Mining power service can be interrupted under the utility’s policies. Each utility must post the number of mining sites and each site’s yearly energy use. Data centers with peak demand of 10 megawatts or more must file a yearly report by September 30 and must pay all decommissioning costs and sign a community benefit agreement.
New rules for very large power users
Large load customers (over 20 megawatts) face new interconnection rules. You must pay a study fee of $50,000 or $1,000 per megawatt, whichever is more. Utilities can set special rates and add extra service requirements to make sure other customers do not pay your costs. Utilities must offer ways to buy demand response from you, and may require you to cut load or run backup power in emergencies. You must disclose similar interconnection requests and any onsite backup generation; the utility must keep your disclosures confidential.
Stricter approvals and security for energy storage
Before building or acquiring generators, storage, or transmission over 700 volts, you must apply to the Nebraska Power Review Board. Projects within 10 miles of a military base must certify no foreign‑adversary electronics; the Board can allow exceptions only when no reasonable alternative exists, and NERC‑CIP compliant suppliers can claim an exemption by written notice. Private suppliers planning storage must have a power purchase agreement for all output, obtain consents from affected suppliers (including for interconnections at 100 kV or more), and sign a joint transmission development agreement for needed upgrades. Starting work less than 30 days before giving required notice draws a $500 fine and a 20‑day deadline to file and pay or stop work; hearings must be decided in 60 days, and violators or withdrawals pay hearing costs. The State can seek a court order to stop unauthorized construction or service until you comply.
Sponsors & Cosponsors
Sponsor
Tom Brandt
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 26 • No: 0 • Other: 23
legislature vote • 4/24/2026
Vote
Yes: 33 • No: 2 • Other: 14
legislature vote • 4/24/2026
Vote
Yes: 7 • No: 15 • Other: 27
legislature vote • 4/24/2026
Vote
Yes: 25 • No: 0 • Other: 24
legislature vote • 4/10/2026
Final Reading
Yes: 49 • No: 0
legislature vote • 3/31/2026
Vote
Yes: 33 • No: 2 • Other: 14
legislature vote • 3/12/2026
Vote
Yes: 25 • No: 0 • Other: 24
legislature vote • 3/12/2026
Vote
Yes: 7 • No: 15 • Other: 27
legislature vote • 3/12/2026
Vote
Yes: 26 • No: 0 • Other: 23
legislature vote • 3/12/2026
Vote
Yes: 27 • No: 0 • Other: 22
Actions Timeline
Presented to Governor on April 10, 2026
4/17/2026legislatureApproved by Governor on April 14, 2026
4/17/2026legislatureDispensing of reading at large approved
4/10/2026legislaturePassed on Final Reading 49-0-0
4/10/2026legislaturePresident/Speaker signed
4/10/2026legislaturePlaced on Final Reading
4/7/2026legislatureEnrollment and Review ER147 adopted
3/31/2026legislatureKauth FA666 withdrawn
3/31/2026legislatureCavanaugh, M. AM2910 adopted
3/31/2026legislatureAdvanced to Enrollment and Review for Engrossment
3/31/2026legislatureCavanaugh, M. AM2910 filed
3/26/2026legislaturePlaced on Select File with ER147
3/18/2026legislatureEnrollment and Review ER147 filed
3/18/2026legislatureBrandt AM2387 adopted
3/12/2026legislatureProkop AM2517 to AM2422 filed
3/12/2026legislatureProkop AM2517 lost
3/12/2026legislatureNatural Resources AM2422 adopted
3/12/2026legislatureBrandt FA1016 withdrawn
3/12/2026legislatureAdvanced to Enrollment and Review Initial
3/12/2026legislatureBrandt AM2387 to AM2422 filed
3/9/2026legislaturePlaced on General File with AM2422
3/6/2026legislatureNatural Resources AM2422 filed
3/6/2026legislatureBrandt FA1016 filed
2/20/2026legislatureNatural Resources priority bill
2/19/2026legislatureNotice of hearing for February 11, 2026
2/4/2026legislature
Bill Text
Introduced
4/17/2026
Enrolled / Slip Law
Final / Enacted