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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1027
Introduced by Storm, 23; Clouse, 37; DeKay, 40; Sorrentino, 39; Strommen,
47.
Read first time January 13, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to electricity; to amend sections 70-1012.01,1
70-1013, and 70-1014.01, Reissue Revised Statutes of Nebraska, and2
sections 70-1012, 70-1014, 70-1014.02, and 70-1015, Revised Statutes3
Supplement, 2025; to eliminate certain exemptions applicable to4
privately developed renewable energy generation facilities; to5
change requirements for the construction of privately developed6
renewable energy generation facilities; to harmonize provisions; and7
to repeal the original sections. 8
Be it enacted by the people of the State of Nebraska,9
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Section 1. Section 70-1012, Revised Statutes Supplement, 2025, is1
amended to read: 2
70-1012 (1) Before any electric generation facilities or any3
transmission lines or related facilities carrying more than seven hundred4
volts are constructed or acquired by any supplier, an application, filed5
with the board and containing such information as the board shall6
prescribe, shall be approved by the board, except that such approval7
shall not be required (a) for the construction or acquisition of a8
transmission line extension or related facilities within a supplier's own9
service area or for the construction or acquisition of a line not10
exceeding one-half mile outside its own service area when all owners of11
electric lines located within one-half mile of the extension consent12
thereto in writing and such consents are filed with the board, (b) for13
any generation facility when the board finds that (i) such facility is14
being constructed or acquired to replace a generating plant owned by an15
individual municipality or registered group of municipalities with a16
capacity not greater than that of the plant being replaced, (ii) such17
facility will generate less than twenty-five thousand kilowatts of18
electric energy at rated capacity, and (iii) the applicant will not use19
the plant or transmission capacity to supply wholesale power to customers20
outside the applicant's existing retail service area or chartered21
territory, (c) for acquisition of transmission lines or related22
facilities, within the state, carrying one hundred fifteen thousand volts23
or less, if the current owner of the transmission lines or related24
facilities notifies the board of the lines or facilities involved in the25
transaction and the parties to the transaction, or (d) for the26
construction of a qualified facility as defined in section 70-2002.27
(2)(a) Before any electric supplier commences construction of or28
acquires an electric generation facility or transmission lines or related29
facilities carrying more than seven hundred volts that will be or are30
located within a ten-mile radius of a military installation, the owner of31
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such facility, transmission lines, or related facilities shall provide1
written notice certifying to the board that such facility or facilities2
contain no electronic-related equipment or electronic-related components3
manufactured by any foreign adversary. 4
(b) Any electric supplier supplying, producing, or distributing5
electricity within the state for sale at retail is exempt from6
subdivision (a) of this subsection if it is in compliance with the7
critical infrastructure protection requirements issued by the North8
American Electric Reliability Corporation. To receive such exemption, the9
electric supplier shall submit written notice to the board certifying10
that it is in such compliance. The electric supplier shall also submit11
written notice to the board at any time such supplier is no longer in12
such compliance. 13
(3)(a) Before any electric supplier not exempt from subdivision (2)14
(a) of this section commences construction of or acquires an electric15
generation facility or transmission lines or related facilities carrying16
more than seven hundred volts that will be or are located within a ten-17
mile radius of a military installation, the electric supplier shall,18
following consultation with such supplier's vendors, submit a one-time19
written notice to the board certifying that such facility or facilities20
continually contain no electronic-related equipment or electronic-related21
components manufactured by any foreign adversary. 22
(b) The electric supplier shall also submit written notice to the23
board at any time such facility or facilities are no longer in compliance24
with the certification provided under subdivision (a) of this subsection.25
(4) Notwithstanding subsections (2) and (3) of this section, an26
electric supplier required to provide certification under subsection (2)27
of this section may use electronic-related equipment or electronic-28
related components manufactured by a foreign adversary if the board29
preapproves the use of such equipment or components after finding that:30
(a) There is no other reasonable option for procuring such equipment31
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or components; and 1
(b) Not procuring or using such equipment or components would cause2
a greater harm to the state or residents of the state than the harm3
associated with the equipment or components. 4
(5) A privately developed renewable energy generation facility is5
exempt from this section if it complies with section 70-1014.02.6
Sec. 2. Section 70-1012.01, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
70-1012.01 (1) If a supplier terminates construction or acquisition9
of electric generation or transmission facilities after receiving10
approval for the facilities from the board, the supplier shall file with11
the board, within thirty days after the action taken to terminate12
construction or acquisition, a statement of the factors or reasons relied13
upon by the supplier in taking such action. Within ten days after receipt14
of such a filing, the board shall give notice of the filing to such other15
suppliers as it deems interested or affected by such action and it shall16
hold a hearing for the purpose of obtaining such additional information17
as the board deems advisable or necessary to inform other suppliers and18
the public of the reasons for such termination. Notice of any such19
hearing shall be given to those suppliers previously given notice of the20
filing and to any other parties expressing interest in the approved21
application. 22
(2) The board shall not have authority to approve or deny the action23
of a supplier terminating construction or acquisition, and any such24
filing or hearing shall be advisory and solely for the purpose of25
informing the board, other suppliers, interested parties, and the26
ratepayers of this state of the factors or reasons relied upon in taking27
action to terminate construction or acquisition. 28
(3) Nothing in this section shall constitute or be construed as a29
defense to any cause of action, including a claim for breach of contract,30
resulting from such termination. 31
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(4) A privately developed renewable energy generation facility is1
exempt from this section if it complies with section 70-1014.02.2
Sec. 3. Section 70-1013, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
70-1013 (1) Upon application being filed under section 70-1012, the5
board shall fix a time and place for hearing and shall give ten days'6
notice by mail to such power suppliers as it deems to be affected by the7
application. The hearing shall be held within sixty days unless for good8
cause shown the applicant requests in writing that such hearing not be9
scheduled until a later time, but in any event such hearing shall be held10
not more than one hundred twenty days after the filing of the application11
and the board shall give its decision within sixty days after the12
conclusion of the hearing. Any parties interested may appear, file13
objections, and offer evidence. The board may grant the application14
without notice or hearing, upon the filing of such waivers as it may15
require, if in its judgment the finding required by section 70-1014 or16
70-1014.01 can be made without a hearing. Such hearing shall be conducted17
as provided in section 70-1006. The board may allow amendments to the18
application, in the interests of justice. 19
(2) A privately developed renewable energy generation facility is20
exempt from this section if it complies with section 70-1014.02.21
Sec. 4. Section 70-1014, Revised Statutes Supplement, 2025, is22
amended to read: 23
70-1014 (1) After hearing, the board shall have authority to approve24
or deny the application. Except as provided in section 70-1014.01 for25
special generation applications, before approval of an application, the26
board shall find that: 27
(a) The application will serve the public convenience and necessity,28
and that the applicant can most economically and feasibly supply the29
electric service resulting from the proposed construction or acquisition30
without unnecessary duplication of facilities or operations; and31
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(b)(i) For any proposed electric generation facility that has a1
generating capacity that is greater than ten megawatts, the applicant has2
held at least one public meeting with advanced publicized notice in one3
of the counties in which the proposed facility will be located at which4
(A) at least fifty percent of the governing body of the electric supplier5
attends either in person or by videoconference, but with not less than6
one member of the governing body physically present, (B) the applicant7
explains the need for the proposed facility and the type of facility, and8
(C) real property owners in any of the counties in which the proposed9
facility will be located are provided an opportunity to comment on the10
proposed facility. The applicant shall provide a report to the board11
containing the minutes of any such meeting and how many people commented12
on the proposed facility. Documentation received at any such meeting13
shall be made available to the board upon its request. A meeting14
described in this subdivision is not subject to the requirements15
described in subdivision (2)(b)(iv) of section 84-1411.16
(ii) This subdivision (b) shall not apply if the proposed facility17
will be located on real property owned by the applicant at the time of18
application. 19
(2) If the application involves a transmission line or related20
facilities planned and approved by a regional transmission organization21
and the regional transmission organization has issued a notice to22
construct or similar notice or order to a utility to construct the line23
or related facilities, the board shall also consider information from the24
regional transmission organization's planning process and may consider25
the benefits to the region, which shall include Nebraska, provided by the26
proposed line or related facilities as part of the board's process in27
determining whether to approve or deny the application.28
(3) A privately developed renewable energy generation facility is29
exempt from this section if it complies with section 70-1014.02.30
Sec. 5. Section 70-1014.01, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
70-1014.01 (1) Except as provided in subsection (2) of this section,2
an application by a municipality, a registered group of municipalities, a3
public power district, a public power and irrigation district, an4
electric cooperative, an electric membership association, or any other5
governmental entity, for a facility that will generate not more than ten6
thousand kilowatts of electric energy at rated capacity and will generate7
electricity using solar, wind, biomass, landfill gas, methane gas, or8
hydropower generation technology or an emerging generation technology,9
including, but not limited to, fuel cells and micro-turbines, shall be10
deemed a special generation application. Such application shall be11
approved by the board if the board finds that (a) the application12
qualifies as a special generation application, (b) the application will13
provide public benefits sufficient to warrant approval of the14
application, although it may not constitute the most economically15
feasible generation option, and (c) the application under consideration16
represents a separate and distinct project from any previous special17
generation application the applicant may have filed.18
(2)(a) An application by a municipality, a registered group of19
municipalities, a public power district, a public power and irrigation20
district, an electric cooperative, an electric membership association, or21
any other governmental entity for a facility that will generate more than22
ten thousand kilowatts of electric energy at rated capacity and will23
generate electricity using renewable energy sources such as solar, wind,24
biomass, landfill gas, methane gas, or new hydropower generation25
technology or an emerging technology, including, but not limited to, fuel26
cells and micro-turbines, may be filed with the board if (i) the total27
production from all such renewable projects, excluding sales from such28
projects to other electric-generating entities, does not exceed ten29
percent of total energy sales as shown in the producer's Annual Electric30
Power Industry Report to the United States Department of Energy and (ii)31
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the applicant's governing body conducts at least one advertised public1
hearing which affords the ratepayers of the applicant a chance to review2
and comment on the subject of the application. 3
(b) The application filed under subdivision (2)(a) of this section4
shall be approved by the board if the board finds that (i) the applicant5
is using renewable energy sources described in this subsection, (ii)6
total production from all renewable projects of the applicant does not7
exceed ten percent of the producer's total energy sales as described in8
subdivision (2)(a) of this section, and (iii) the applicant's governing9
body has conducted at least one advertised public hearing which affords10
its ratepayers a chance to review and comment on the subject of the11
application. 12
(3)(a) A community-based energy development project organized13
pursuant to the Rural Community-Based Energy Development Act or any14
privately developed project which intends to develop renewable energy15
sources for sale to one or more Nebraska electric utilities described in16
this section may also make an application to the board pursuant to this17
subsection if (i) the purchasing electric utilities conduct a public18
hearing described in subdivision (2)(a) of this section, (ii) the power19
and energy from the renewable energy sources is sold exclusively to such20
electric utilities for a term of at least twenty years, and (iii) the21
total production from all such renewable projects, excluding sales from22
such projects to other electric-generation entities, does not exceed ten23
percent of total energy sales of such purchasing electric utilities as24
shown in such utilities' Annual Electric Power Industry Report to the25
United States Department of Energy or the successor to such report.26
(b) The application filed under subdivision (3)(a) of this section27
shall be approved by the board if the board finds that the purchasing28
electric utilities have met the conditions described in subdivision (3)29
(a) of this section. 30
(4) No facility or part of a facility which is approved pursuant to31
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this section is subject to eminent domain by any electric supplier, or by1
any other entity if the purpose of the eminent domain proceeding is to2
acquire the facility for electric generation or transmission.3
(5) A privately developed renewable energy generation facility is4
exempt from this section if it complies with section 70-1014.02.5
Sec. 6. Section 70-1014.02, Revised Statutes Supplement, 2025, is6
amended to read: 7
70-1014.02 (1) The Legislature finds that: 8
(a) Nebraska has the authority as a sovereign state to protect its9
land, natural resources, and cultural resources for economic and10
aesthetic purposes for the benefit of its residents and future11
generations by regulation of energy generation projects;12
(b) The unique terrain and ecology of the Nebraska Sandhills provide13
an irreplaceable habitat for millions of migratory birds and other14
wildlife every year and serve as the home to numerous ranchers and15
farmers; 16
(c) The grasslands of the Nebraska Sandhills and other natural17
resources in Nebraska will become increasingly valuable, both18
economically and strategically, as the demand for food and energy19
increases; and 20
(d) The Nebraska Sandhills are home to priceless archaeological21
sites of historical and cultural significance to American Indians.22
(2)(a) Prior A privately developed renewable energy generation23
facility that meets the requirements of this section is exempt from24
sections 70-1012 to 70-1014.01 if, no less than thirty days prior to the25
commencement of construction of a privately developed renewable energy26
generation facility, the owner of the facility shall:27
(i) Notify Notifies the board in writing of its intent to commence28
construction of a privately developed renewable energy generation29
facility; 30
(ii) Certify Certifies to the board that the facility will meet the31
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requirements for a privately developed renewable energy generation1
facility; 2
(iii) Certify Certifies to the board that the private electric3
supplier will (A) comply with any decommissioning requirements adopted by4
the local governmental entities having jurisdiction over the privately5
developed renewable energy generation facility and (B) except as6
otherwise provided in subdivision (c) of this subsection, submit a7
decommissioning plan to the board obligating the private electric8
supplier to bear all costs of decommissioning the privately developed9
renewable energy generation facility and requiring that the private10
electric supplier post a security bond or other instrument, no later than11
the sixth year following commercial operation, securing the costs of12
decommissioning the facility and provide a copy of the bond or instrument13
to the board; 14
(iv) Certify Certifies to the board that the private electric15
supplier has entered into or prior to commencing construction will enter16
into a joint transmission development agreement pursuant to subdivision17
(d) of this subsection with the electric supplier owning the transmission18
facilities of sixty thousand volts or greater to which the privately19
developed renewable energy generation facility will interconnect;20
(v) Certify Certifies to the board that the private electric21
supplier has consulted with the Game and Parks Commission to identify22
potential measures to avoid, minimize, and mitigate impacts to species23
identified under subsection (1) or (2) of section 37-806 during the24
project planning and design phases, if possible, but in no event later25
than the commencement of construction; and 26
(vi) For a proposed privately developed renewable energy generation27
facility that has a generating capacity that is greater than ten28
megawatts, certify certifies to the board that the private electric29
supplier has held at least one public meeting with advanced publicized30
notice in one of the counties in which the proposed facility will be31
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located at which (A) the private electric supplier explains the need for1
the proposed facility and the type of facility and (B) real property2
owners in any of the counties in which the proposed facility will be3
located are provided an opportunity to comment on the proposed facility.4
The private electric supplier shall provide a report to the board5
containing the minutes of any such meeting and how many people commented6
on the proposed facility. Documentation received at any such meeting7
shall be made available to the board upon its request. A meeting8
described in this subdivision (a)(vi) is not subject to the requirements9
described in subdivision (2)(b)(iv) of section 84-1411; and .10
(vii) Certify to the board that the owner has entered into a power11
purchase agreement with a public power district for the production of12
energy by the privately developed renewable energy generation facility.13
(b)(i) Prior No less than thirty days prior to the commencement of14
construction of a privately developed renewable energy generation15
facility located within a ten-mile radius of a military installation, the16
owner of such facility shall: 17
(A) Provide written notice to the board under subdivision (2)(b)(ii)18
(A) of this section; or 19
(B) Certify in writing to the board that the facility will, upon20
reaching commercial operation, be in compliance with the critical21
infrastructure protection requirements issued by the North American22
Electric Reliability Corporation if such facility is connected to the23
transmission grid at one hundred kilovolts or higher voltage and has a24
nameplate rating of twenty megavolt amperes for a single generation unit25
or is injecting at an aggregate of seventy-five megavolt amperes or26
greater. The owner of such facility shall also submit written notice to27
the board at any time such facility is no longer in compliance with such28
requirements. 29
(ii)(A) An owner of a facility choosing to proceed under subdivision30
(2)(b)(i)(A) of this section shall, following consultation with such31
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owner's vendors, submit a one-time written notice to the board certifying1
that the facility continually contains no electronic-related equipment or2
electronic-related components manufactured by any foreign adversary.3
(B) The owner shall also submit written notice to the board at any4
time such facility is no longer in compliance with the certification5
provided under subdivision (2)(b)(ii)(A) of this section.6
(iii) Notwithstanding subdivisions (2)(b)(i) and (ii) of this7
section, the owner of a facility required to provide the certification8
under subsection (2)(b)(i) may use electronic-related equipment or9
electronic-related components manufactured by a foreign adversary if the10
board preapproves the use of such equipment or components after finding11
that: 12
(A) There is no other reasonable option for procuring such equipment13
or components; and 14
(B) Not procuring or using such equipment or components would cause15
a greater harm to the state than the harm associated with the equipment16
or components. 17
(c) The board may bring an action in the name of the State of18
Nebraska for failure to comply with subdivision (a)(iii)(B) of this19
subsection, except that such subdivision does not apply if a local20
government entity with the authority to create requirements for21
decommissioning has enacted decommissioning requirements for the22
applicable jurisdiction. 23
(d) A joint transmission development agreement shall be entered into24
to address construction, ownership, operation, and maintenance of such25
additions or upgrades to the transmission facilities as required for the26
privately developed renewable energy generation facility. The joint27
transmission development agreement shall be negotiated and executed28
contemporaneously with the generator interconnection agreement or other29
directives of the applicable regional transmission organization with30
jurisdiction over the addition or upgrade of transmission, upon terms31
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consistent with prudent electric utility practices for the1
interconnection of renewable generation facilities, the electric2
supplier's reasonable transmission interconnection requirements, and3
applicable transmission design and construction standards. The electric4
supplier shall have the right to purchase and own transmission facilities5
as set forth in the joint transmission development agreement. The private6
electric supplier of the privately developed renewable energy generation7
facility shall have the right to construct any necessary facilities or8
improvements set forth in the joint transmission development agreement9
pursuant to the standards set forth in the agreement at the private10
electric supplier's cost. 11
(3) After receipt of all written notice and certification that is12
required under subsection (2) of this section, the board shall hold a13
hearing on the proposed facility and determine whether such facility is14
compliant with the requirements of this section. After such hearing, the15
board shall have authority to approve or deny the construction. Within16
ten days after receipt of a written notice complying with subsection (2)17
of this section, the executive director of the board shall issue a18
written acknowledgment that the privately developed renewable energy19
generation facility is exempt from sections 70-1012 to 70-1014.01 if such20
facility remains in compliance with the requirements of this section.21
(4) The exemption allowed under this section for a privately22
developed renewable energy generation facility shall extend to and exempt23
all private electric suppliers owning any interest in the facility,24
including any successor private electric supplier which subsequently25
acquires any interest in the facility. 26
(4) (5) No property owned, used, or operated as part of a privately27
developed renewable energy generation facility shall be subject to28
eminent domain by a consumer-owned electric supplier operating in the29
State of Nebraska. Nothing in this section shall be construed to grant30
the power of eminent domain to a private electric supplier or limit the31
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rights of any entity to acquire any public, municipal, or utility right-1
of-way across property owned, used, or operated as part of a privately2
developed renewable energy generation facility as long as the right-of-3
way does not prevent the operation of or access to the privately4
developed renewable energy generation facility. 5
(5) (6) Only a consumer-owned electric supplier operating in the6
State of Nebraska may exercise eminent domain authority to acquire the7
land rights necessary for the construction of transmission lines and8
related facilities. There is a rebuttable presumption that the exercise9
of eminent domain to provide needed transmission lines and related10
facilities for a privately developed renewable energy generation facility11
is a public use. 12
(6) (7) Nothing in this section shall be construed to authorize a13
private electric supplier to sell or deliver electricity at retail in14
Nebraska. 15
(7) (8) Nothing in this section shall be construed to limit the16
authority of or require a consumer-owned electric supplier operating in17
the State of Nebraska to enter into a joint agreement with a private18
electric supplier to develop, construct, and jointly own a privately19
developed renewable energy generation facility. 20
Sec. 7. Section 70-1015, Revised Statutes Supplement, 2025, is21
amended to read: 22
70-1015 (1) If any supplier violates Chapter 70, article 10, by23
either (a) commencing the construction or finalizing or attempting to24
finalize the acquisition of any generation facilities, any transmission25
lines, or any related facilities without first providing notice or26
obtaining board approval, whichever is required, or (b) serving or27
attempting to serve at retail any customers located in Nebraska or any28
wholesale customers in violation of section 70-1002.02, such29
construction, acquisition, or service of such customers shall be enjoined30
in an action brought in the name of the State of Nebraska until such31
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supplier has complied with Chapter 70, article 10. 1
(2) If the executive director of the board determines that a private2
electric supplier commenced construction of a privately developed3
renewable energy generation facility less than thirty days prior to4
providing the notice and certification required in subdivisions (2)(a)5
and (b) of section 70-1014.02, the executive director shall send notice6
via certified mail to the private electric supplier, informing it of the7
determination that the private electric supplier is in violation of such8
subdivisions and is subject to a fine in the amount of five hundred9
dollars. The private electric supplier shall have twenty days from the10
date on which the notice is received in which to submit the notice and11
certification described in such subdivisions and to pay the fine. Within12
ten days after the private electric supplier submits a notice and13
certification compliant with subsection (2) of section 70-1014.02 and14
payment of the fine, the executive director of the board shall issue the15
written acknowledgment described in subsection (3) of section 70-1014.02.16
If the private electric supplier fails to submit a notice and17
certification compliant with subsection (2) of section 70-1014.02 and pay18
the fine within twenty days after the date on which the private electric19
supplier receives the notice from the executive director of the board,20
the private electric supplier shall immediately cease construction or21
operation of the privately developed renewable energy generation22
facility. 23
(3) If the private electric supplier disputes that construction was24
commenced less than thirty days prior to submitting the written notice25
and certification required by subdivisions (2)(a) and (b) of section26
70-1014.02, the private electric supplier may request a hearing before27
the board. Such request shall be submitted within twenty days after the28
private electric supplier receives the notice sent by the executive29
director pursuant to subsection (2) of this section. If the private30
electric supplier does not accept the certified mail sent pursuant to31
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such subsection, the executive director shall send a second notice to the1
private electric supplier by first-class United States mail. The private2
electric supplier may submit a request for hearing within twenty days3
after the date on which the second notice was mailed.4
(4) Upon receipt of a request for hearing, the board shall set a5
hearing date. Such hearing shall be held within sixty days after such6
receipt. The board shall provide to the private electric supplier written7
notice of the hearing at least twenty days prior to the date of the8
hearing. The board or its hearing officer may grant continuances upon9
good cause shown or upon the request of the private electric supplier.10
Timely filing of a request for hearing by a private electric supplier11
shall stay any further enforcement under this section until the board12
issues an order pursuant to subsection (5) of this section or the request13
for hearing is withdrawn. 14
(5) The board shall issue a written decision within sixty days after15
conclusion of the hearing. All costs of the hearing shall be paid by the16
private electric supplier if (a) the board determines that the private17
electric supplier commenced construction of the privately developed18
renewable energy generation facility less than thirty days prior to19
submitting the written notice and certification required pursuant to20
subsection (2) of section 70-1014.02 or (b) the private electric supplier21
withdraws its request for hearing prior to the board issuing its22
decision. 23
(6) A private electric supplier which the board finds to be in24
violation of the requirements of subsection (2) of section 70-1014.0225
shall either (a) pay the fine described in this section and submit a26
notice and certification compliant with subsection (2) of section27
70-1014.02 or (b) immediately cease construction or operation of the28
privately developed renewable energy generation facility.29
Sec. 8. Original sections 70-1012.01, 70-1013, and 70-1014.01,30
Reissue Revised Statutes of Nebraska, and sections 70-1012, 70-1014,31
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70-1014.02, and 70-1015, Revised Statutes Supplement, 2025, are repealed.1
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