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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1111
Introduced by Cavanaugh, M., 6; McKinney, 11.
Read first time January 16, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to electricity; to amend section 70-1025,1
Revised Statutes Cumulative Supplement, 2024, and section 70-1506,2
Revised Statutes Supplement, 2025; to require an annual data center3
load report to the Nebraska Power Review Board; to define and4
redefine terms; to provide powers and duties for public power5
suppliers; to allow and require regulation of data centers as6
prescribed; to change provisions relating to regulation of7
cryptocurrency mining operation; and to repeal the original8
sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 70-1025, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
70-1025 (1) The representative organization shall file with the3
board a coordinated long-range power supply plan containing the following4
information: 5
(a) The identification of all electric generation plants operating6
or authorized for construction within the state that have a rated7
capacity of at least twenty-five thousand kilowatts;8
(b) The identification of all transmission lines located or9
authorized for construction within the state that have a rated capacity10
of at least two hundred thirty kilovolts; and 11
(c) The identification of all additional planned electric generation12
and transmission requirements needed to serve estimated power supply13
demands within the state for a period of twenty years.14
(2) The representative organization shall file with the board the15
coordinated long-range power supply plan specified in subsection (1) of16
this section, and the board shall determine the date on which such report17
is to be filed, except that such report shall not be required to be filed18
more often than biennially. 19
(3) An annual load and capability report shall be filed with the20
board by the representative organization. The report shall include:21
(a) Statewide utility load forecasts and the resources available to22
satisfy the loads over a twenty-year period; and 23
(b) Such other information as the board requests if such request is24
submitted in writing to the representative organization, is consistent25
with the board's statutory responsibilities, and can be performed at a26
reasonable cost. 27
(4) The annual load and capability report shall be filed on dates28
specified by the board. 29
(5) An annual data center load report shall be filed with the board30
by the representative organization. The report shall include:31
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(a) A compilation of the information for proposed and existing data1
centers described by subsection (9) of section 70-1506;2
(b) A statewide data center load forecast; 3
(c) A description of existing and proposed electricity generation4
needed to meet such load forecast; 5
(d) A description of transmission additions and enhancements needed6
to meet such load forecast; 7
(e) The estimated costs of all new generation and transmission8
needed to meet such load forecast; 9
(f) Stranded asset costs, including total costs recovered from10
ratepayers that are not data centers; 11
(g) Identification of data center decommissioning resources,12
activities, and shortfalls; 13
(h) The policies, terms, and schedules of all public power suppliers14
intended to limit cost and risk impacts of data centers on other retail15
customers; and 16
(i) Such other information the board considers necessary in the17
interest of the public. 18
(6) The annual data center load report shall be filed on dates19
specified by the board. The board shall make the information in the20
annual data center load report public to the maximum extent permitted by21
law. 22
Sec. 2. Section 70-1506, Revised Statutes Supplement, 2025, is23
amended to read: 24
70-1506 (1) For purposes of this section: 25
(a) Cryptocurrency mining means validating transactions for addition26
to a blockchain distributed ledger; 27
(b) Cryptocurrency mining operation means a data center at least any28
facility of one megawatt in size but not exceeding twenty megawatts in29
size or greater that conducts cryptocurrency mining; and30
(c) Data center means a facility: 31
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(i) The primary services of which are the storage, management, and1
processing of digital data; and 2
(ii) That is used to house computer and network systems, including3
associated components such as servers, network equipment and appliances,4
telecommunications systems, data storage systems, systems for monitoring5
and managing infrastructure performance, Internet-related equipment and6
services, data communications connections, environmental controls, fire7
protection systems, and security systems and services;8
(d) Large data center means a data center with a peak electricity9
demand of twenty megawatts or more; and 10
(e) (c) Public power supplier means a public power district,11
municipal electric utility, or any other government entity providing12
electric service. 13
(2) When establishing or negotiating rates, tolls, rents, and other14
charges for large data centers, a public power supplier shall ensure, to15
the maximum extent permitted by law, that: 16
(a) Each large data center pays the full cost of providing new17
electric service to such center, including, but not limited to, the cost18
of infrastructure upgrades necessitated by the operation of such center;19
(b) The cost of providing electric service to a large data center is20
not paid by other retail customers; 21
(c) Other retail customers are not placed at financial risk for22
paying stranded costs associated with providing electric service to large23
data centers that have prematurely ceased operation; and24
(d) Each large data center bears all decommissioning costs of such25
center. 26
(3) A public power supplier shall impose terms and conditions on a27
large data center to require that such center: 28
(a) Pay the cost of infrastructure upgrades necessitated by the29
operation of the large data center; 30
(b) Prevent transfer of costs and risks of infrastructure upgrades31
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to other retail customers during the operation of the large data center1
and, in the event the large data center operation ceases to operate,2
before the center pays the full costs of infrastructure upgrades3
necessitated for the operation of the center; 4
(c) Submit a proposal to meet some or all of the large data center5
operation's load demand through private electric supplier agreements or6
self-generation, as a means to limit the risk of ratepayer stranded-asset7
costs; 8
(d) Comply with any decommissioning requirements adopted by local9
governmental entities; 10
(e) Submit a decommissioning plan to the public power supplier that11
obligates the large data center to: 12
(i) Bear all costs of decommissioning the large data center;13
(ii) Post a security bond or other instrument, no later than the14
first year following commercial operation of the large data center,15
securing the costs of decommissioning the center; and16
(iii) Provide a copy of such bond or instrument to the public power17
supplier; 18
(f) Provide the public power supplier with a copy of any required19
county or municipal zoning and other permits; and 20
(g) Enter into a community benefit agreement to mitigate adverse21
community impacts. 22
(4) (2) A public power supplier may impose requirements on any23
cryptocurrency mining operation for the cost of infrastructure upgrades24
necessitated by such operations, including, but not limited to:25
(a) Requiring direct payment or a letter of credit from such26
operation for such cost; or 27
(b) Imposing terms and conditions on such operation that are in the28
interest of the public. 29
(5) (3) Requirements imposed pursuant to this section shall be fair,30
reasonable, and not unduly discriminatory. 31
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(6) (4) Before any requirement is imposed pursuant to this section,1
the public power supplier shall conduct a load study to determine the2
costs, impacts, and infrastructure upgrades necessitated by the large3
data center or cryptocurrency mining operation. 4
(7) A public power supplier shall limit electric service to a large5
data center to the extent such center is able to acquire electric service6
from a private electric supplier or self-generation of the center and7
shall interconnect the center's private supplier and self-generation.8
(8) (5) Any person intending to install a large data center or9
cryptocurrency mining operation is responsible for notifying the local10
public power supplier of such intent, and such center or operation is11
subject to the interconnection requirements of such supplier.12
(9) (6) Each public power supplier shall make available to the13
public on the supplier's website the following information for each14
proposed and existing data center under the jurisdiction of the supplier:15
number of cryptocurrency mining operations under the jurisdiction of the16
supplier and the annual energy usage of each operation.17
(a) The name of the data center; 18
(b) The names of the developers and owners of the data center;19
(c) The physical size of the data center in square feet;20
(d) The location of the data center, including street address and21
county; 22
(e) The electricity demand of the data center;23
(f) The suppliers of electricity that would provide electric service24
to the data center and the amount of electricity provided by each25
supplier, including the names of public power suppliers and any private26
electricity suppliers, self-generation, or other energy suppliers;27
(g) The customer types and duration of customer demand contracts for28
the data center; 29
(h) The transmission and distribution facility additions and30
enhancements required to serve the data center; 31
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(i) All energy efficiency, load management, and conservation1
measures implemented by the data center; 2
(j) All commitments by the data center to use renewable energy; and3
(k) The service life of the data center. 4
(10) (7) A large data center or cryptocurrency mining operation5
shall allow a public power supplier to interrupt the such operation's6
electric service of such center or operation according to such supplier's7
established rate schedules and policies. 8
Sec. 3. Original section 70-1025, Revised Statutes Cumulative9
Supplement, 2024, and section 70-1506, Revised Statutes Supplement, 2025,10
are repealed. 11
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