All Roll Calls
Yes: 169 • No: 0
NebraskaLB43109th Legislature 1st and 2nd SessionslegislatureWALLET
Change provisions relating to notice and certification requirements for electric generation facilities, transmission lines, and privately developed renewable energy generation facilities located near military installations
Sponsored By: Barry DeKay
Signed by Governor
Natural Resources Committee
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 1 costs, 4 mixed.
Tougher enforcement on noncompliant projects
The State can ask a court to stop construction, deals, or service if a supplier skips required notice or approval, or serves customers in violation of the law. If a supplier starts construction less than 30 days before a required notice, it faces a $500 fine and has 20 days to file a proper notice and pay; otherwise, it must stop work or operation at once. The Board can also sue a private supplier that fails to file decommissioning plans or post required security, unless local decommissioning rules already apply.
Faster path for private renewables
Qualifying privately developed renewable projects can skip full Board approval if they notify and certify at least 30 days before construction. Owners must file a decommissioning plan that puts all costs on the project and post a bond or other security by the sixth year after commercial operation, unless local rules already require decommissioning. They must consult the Nebraska Game and Parks Commission to avoid or reduce harm to protected species. Projects over 10 megawatts must hold at least one public meeting in a host county and report minutes and comments to the Board. The law spells out what counts as a privately developed renewable facility, including solar, wind, and other sources up to the transformer that steps voltage to 60 kV or more.
Stricter grid security near bases
Projects within 10 miles of a military base face extra security rules. Before building or buying a facility over 700 volts, the owner must certify it has no electronic parts from a “foreign adversary.” Retail suppliers that follow NERC critical‑infrastructure rules can instead file a notice of that compliance. Others must file a one‑time vendor‑based certification and update the Board if it later fails. Private renewable projects near bases can choose NERC compliance only if they connect at 100 kV or more and are at least 20 MVA for one unit or 75 MVA in total, otherwise they must certify no foreign‑adversary parts. The Board can preapprove foreign‑made parts only when no reasonable alternative exists and blocking them would cause greater harm. The law defines “foreign adversary” by 15 C.F.R. 7.4 (as of Feb. 7, 2025) and sets which sites count as military installations.
Quick appeal process with cost risks
A supplier can request a Board hearing within 20 days if it disputes a late‑notice finding. Filing the request pauses enforcement. The Board must hold a hearing within 60 days and decide within 60 days after. If the Board finds the supplier started too soon, or the supplier withdraws the request, the supplier must pay the hearing costs.
Required joint deals for grid hookups
If a private project connects at 60,000 volts or more, the owner must sign a joint transmission development agreement with the transmission owner before construction. The deal is negotiated alongside interconnection steps and must cover who builds, owns, operates, and maintains needed upgrades. The agreement can let the private owner build needed facilities at its own cost and can set purchase or ownership terms.
Sponsors & Cosponsors
Sponsor
Barry DeKay
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 41 • No: 0 • Other: 8
legislature vote • 4/24/2026
Vote
Yes: 0 • No: 0
legislature vote • 2/21/2025
Final Reading
Yes: 48 • No: 0 • Other: 1
legislature vote • 2/13/2025
Vote
Yes: 0 • No: 0
legislature vote • 1/30/2025
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • 1/30/2025
Vote
Yes: 41 • No: 0 • Other: 8
Actions Timeline
Provisions/portions of LB35 amended into LB43 by AM215
6/6/2025legislatureApproved by Governor on February 25, 2025
2/26/2025legislatureDispensing of reading at large approved
2/21/2025legislaturePassed on Final Reading with Emergency Clause 48-0-1
2/21/2025legislaturePresident/Speaker signed
2/21/2025legislaturePresented to Governor on February 21, 2025
2/21/2025legislaturePlaced on Final Reading
2/19/2025legislatureEnrollment and Review ER1 adopted
2/13/2025legislatureDeKay AM215 adopted
2/13/2025legislatureAdvanced to Enrollment and Review for Engrossment
2/13/2025legislatureDeKay AM215 filed
2/12/2025legislaturePlaced on Select File with ER1
2/4/2025legislatureEnrollment and Review ER1 filed
2/4/2025legislatureNatural Resources AM43 adopted
1/30/2025legislatureDeKay AM11 withdrawn
1/30/2025legislatureAdvanced to Enrollment and Review Initial
1/30/2025legislaturePlaced on General File with AM43
1/27/2025legislatureNatural Resources AM43 filed
1/27/2025legislatureDeKay AM11 filed
1/22/2025legislatureNotice of hearing for January 22, 2025
1/15/2025legislatureReferred to Natural Resources Committee
1/13/2025legislatureDate of introduction
1/9/2025legislature
Bill Text
Introduced
6/6/2025
Enrolled / Slip Law
Final / Enacted