PRIA Logo™
NebraskaLB43109th Legislature 1st and 2nd Sessionslegislature

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

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 0 costs, 6 mixed.

Decommissioning plans and cleanup funds

Private suppliers using the state exemption must file a decommissioning plan when no local rule applies. They must post a bond or other security to cover all cleanup costs and give a copy to the Board no later than the sixth year after the project begins commercial operation. The Board can sue to enforce these duties when no local decommissioning rules exist.

Penalties and stop‑work for late notice

If a private supplier starts building less than 30 days before giving the required notice, it faces a $500 fine and has 20 days to submit the correct notice and pay. If it does not, construction or operation must stop. A supplier can request a hearing within 20 days; the Board must hold it within 60 days, give at least 20 days’ written notice, and enforcement is paused while the case is pending. If the Board finds a violation or the supplier withdraws its request, the supplier must pay hearing costs and the fine or stop work. The State may also ask a court to halt any unapproved construction, acquisition, or unlawful service until the supplier complies.

Tighter grid security near military bases

If a power facility or line is within 10 miles of a military installation and carries more than 700 volts, the owner must certify before building or buying that it has no electronic‑related parts made by a foreign adversary. For private renewable projects near military sites, the owner must give the Board 30 days’ notice before building, or certify the project will meet critical‑infrastructure rules if it connects at 100 kilovolts or more and is 20 MVA for one unit or 75 MVA total. Retail suppliers that already meet those critical‑infrastructure rules can file a notice and skip the foreign‑parts certification. Others must send a one‑time certification, after checking vendors, and must update the Board if that changes. The Board may preapprove foreign‑adversary parts only when no reasonable alternative exists and not using them would cause greater harm. The law defines what counts as electronic‑related parts, who counts as a foreign adversary (based on 15 C.F.R. 791.4 on Feb. 7, 2025), and which Air Force sites count as military installations.

Public meetings and wildlife review

For projects over 10 megawatts, the private supplier must hold at least one public meeting in a county where the project will be located. The supplier must explain the project, take comments from real property owners, and file minutes and comment counts with the Board. Suppliers must also consult the Nebraska Game and Parks Commission during planning, and no later than the start of construction, to identify ways to avoid and reduce harm to protected species, and certify that consultation to the Board.

Law takes effect now; old rules repealed

The law takes effect when passed and approved. It also repeals and replaces earlier versions of sections 70-1001.01, 70-1012, 70-1014.02, and 70-1015.

Who counts as a private renewable project

The law defines a private electric supplier as a non‑government entity that makes power at a privately developed renewable project. It defines a privately developed renewable energy facility to include solar, wind, geothermal, biomass, landfill gas, and biogas projects and their connected equipment up to the transformer that steps up to 60,000 volts or more. It also clarifies that qualifying projects are owned in whole or part by private suppliers and are not wholly owned by public entities.

Transmission upgrade deal before building

If a project will connect to transmission lines of 60,000 volts or more, the private supplier must enter or commit to enter a joint transmission development agreement before construction. The agreement must cover who builds, owns, operates, and maintains any needed additions or upgrades. The supplier must certify this to the Board.

Sponsors & Cosponsors

Sponsor

  • Barry DeKay

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 169 • 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

legislature vote • Unknown

Vote

Yes: 41 • No: 0 • Other: 8

legislature vote • Unknown

Vote

Yes: 0 • No: 0

Actions Timeline

  1. Provisions/portions of LB35 amended into LB43 by AM215

    6/6/2025legislature

  2. Approved by Governor on February 25, 2025

    2/25/2025legislature

  3. Presented to Governor on February 21, 2025

    2/21/2025legislature

  4. President/Speaker signed

    2/21/2025legislature

  5. Passed on Final Reading with Emergency Clause 48-0-1

    2/21/2025legislature

  6. Dispensing of reading at large approved

    2/21/2025legislature

  7. Placed on Final Reading

    2/19/2025legislature

  8. Advanced to Enrollment and Review for Engrossment

    2/13/2025legislature

  9. DeKay AM215 adopted

    2/13/2025legislature

  10. Enrollment and Review ER1 adopted

    2/13/2025legislature

  11. DeKay AM215 filed

    2/12/2025legislature

  12. Enrollment and Review ER1 filed

    2/4/2025legislature

  13. Placed on Select File with ER1

    2/4/2025legislature

  14. Advanced to Enrollment and Review Initial

    1/30/2025legislature

  15. DeKay AM11 withdrawn

    1/30/2025legislature

  16. Natural Resources AM43 adopted

    1/30/2025legislature

  17. Natural Resources AM43 filed

    1/27/2025legislature

  18. Placed on General File with AM43

    1/27/2025legislature

  19. DeKay AM11 filed

    1/22/2025legislature

  20. Notice of hearing for January 22, 2025

    1/15/2025legislature

  21. Referred to Natural Resources Committee

    1/13/2025legislature

  22. Date of introduction

    1/9/2025legislature

Bill Text

  • Introduced

    1/9/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

Related Bills

Back to State Legislation