All Roll Calls
Yes: 79 • No: 7
NebraskaLB1261A109th Legislature 1st and 2nd SessionslegislatureWALLET
Appropriation Bill
Sponsored By: Barry DeKay
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Protections for private renewable projects
Consumer‑owned electric suppliers cannot use eminent domain to take property that is part of a privately developed renewable energy facility that meets Nebraska’s section 70‑1014.02. A district can also choose to limit its own eminent domain power so it only applies to wind generation projects and related facilities. These rules protect qualifying private renewable projects from being condemned.
Utilities barred from seizing big industrial plants
Consumer‑owned utilities in Nebraska cannot use eminent domain to take a private power plant built to serve one industrial site with more than 1,000 megawatts of new load. The plant must be co‑located or next to the site, have an equivalent grid tie point, and get Nebraska Power Review Board approval. The generator and utility must sign a long‑term deal that keeps the utility’s retail service rights, bars resale by the customer, and waives eminent domain during the contract. The industrial customer must pay all utility costs, congestion fees, and grid upgrades from the project. The plant may serve only that customer unless the utility waives this, and the rule applies to contracts signed on or before December 31, 2031.
Eminent domain process for public power
Public power districts can use eminent domain to get property used for making or delivering electricity, including parts of existing systems. The Attorney General represents a district in these condemnation cases if the district asks. After the district acquires the property, the district must repay the state for the Attorney General’s costs.
Sponsors & Cosponsors
Sponsor
Barry DeKay
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/10/2026
Final Reading
Yes: 43 • No: 6
legislature vote • 3/25/2026
Vote
Yes: 36 • No: 1 • Other: 12
Actions Timeline
Presented to Governor on April 10, 2026
4/17/2026legislatureApproved by Governor on April 14, 2026
4/17/2026legislaturePassed on Final Reading 43-6*-0
4/10/2026legislaturePresident/Speaker signed
4/10/2026legislaturePlaced on Final Reading
4/7/2026legislatureAdvanced to Enrollment and Review for Engrossment
4/1/2026legislaturePlaced on Select File
3/30/2026legislatureAdvanced to Enrollment and Review Initial
3/25/2026legislatureDate of introduction
3/19/2026legislaturePlaced on General File
3/19/2026legislature
Bill Text
Introduced
4/17/2026
Enrolled / Slip Law
Final / Enacted