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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 898
Introduced by Lonowski, 33.
Read first time January 08, 2026
Committee: Government, Military and Veterans Affairs
A BILL FOR AN ACT relating to open meetings; to amend sections 70-1014,1
70-1014.02, and 84-1411, Revised Statutes Supplement, 2025; to2
change provisions relating to virtual conferencing; and to repeal3
the original sections. 4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 70-1014, Revised Statutes Supplement, 2025, is1
amended to read: 2
70-1014 (1) After hearing, the board shall have authority to approve3
or deny the application. Except as provided in section 70-1014.01 for4
special generation applications, before approval of an application, the5
board shall find that: 6
(a) The application will serve the public convenience and necessity,7
and that the applicant can most economically and feasibly supply the8
electric service resulting from the proposed construction or acquisition9
without unnecessary duplication of facilities or operations; and10
(b)(i) For any proposed electric generation facility that has a11
generating capacity that is greater than ten megawatts, the applicant has12
held at least one public meeting with advanced publicized notice in one13
of the counties in which the proposed facility will be located at which14
(A) at least fifty percent of the governing body of the electric supplier15
attends either in person or by videoconference, but with not less than16
one member of the governing body physically present, (B) the applicant17
explains the need for the proposed facility and the type of facility, and18
(C) real property owners in any of the counties in which the proposed19
facility will be located are provided an opportunity to comment on the20
proposed facility. The applicant shall provide a report to the board21
containing the minutes of any such meeting and how many people commented22
on the proposed facility. Documentation received at any such meeting23
shall be made available to the board upon its request. A meeting24
described in this subdivision is not subject to the requirements25
described in subdivision (2)(d) (2)(b)(iv) of section 84-1411.26
(ii) This subdivision (b) shall not apply if the proposed facility27
will be located on real property owned by the applicant at the time of28
application. 29
(2) If the application involves a transmission line or related30
facilities planned and approved by a regional transmission organization31
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and the regional transmission organization has issued a notice to1
construct or similar notice or order to a utility to construct the line2
or related facilities, the board shall also consider information from the3
regional transmission organization's planning process and may consider4
the benefits to the region, which shall include Nebraska, provided by the5
proposed line or related facilities as part of the board's process in6
determining whether to approve or deny the application.7
(3) A privately developed renewable energy generation facility is8
exempt from this section if it complies with section 70-1014.02.9
Sec. 2. Section 70-1014.02, Revised Statutes Supplement, 2025, is10
amended to read: 11
70-1014.02 (1) The Legislature finds that: 12
(a) Nebraska has the authority as a sovereign state to protect its13
land, natural resources, and cultural resources for economic and14
aesthetic purposes for the benefit of its residents and future15
generations by regulation of energy generation projects;16
(b) The unique terrain and ecology of the Nebraska Sandhills provide17
an irreplaceable habitat for millions of migratory birds and other18
wildlife every year and serve as the home to numerous ranchers and19
farmers; 20
(c) The grasslands of the Nebraska Sandhills and other natural21
resources in Nebraska will become increasingly valuable, both22
economically and strategically, as the demand for food and energy23
increases; and 24
(d) The Nebraska Sandhills are home to priceless archaeological25
sites of historical and cultural significance to American Indians.26
(2)(a) A privately developed renewable energy generation facility27
that meets the requirements of this section is exempt from sections28
70-1012 to 70-1014.01 if, no less than thirty days prior to the29
commencement of construction, the owner of the facility:30
(i) Notifies the board in writing of its intent to commence31
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construction of a privately developed renewable energy generation1
facility; 2
(ii) Certifies to the board that the facility will meet the3
requirements for a privately developed renewable energy generation4
facility; 5
(iii) Certifies to the board that the private electric supplier will6
(A) comply with any decommissioning requirements adopted by the local7
governmental entities having jurisdiction over the privately developed8
renewable energy generation facility and (B) except as otherwise provided9
in subdivision (c) of this subsection, submit a decommissioning plan to10
the board obligating the private electric supplier to bear all costs of11
decommissioning the privately developed renewable energy generation12
facility and requiring that the private electric supplier post a security13
bond or other instrument, no later than the sixth year following14
commercial operation, securing the costs of decommissioning the facility15
and provide a copy of the bond or instrument to the board;16
(iv) Certifies to the board that the private electric supplier has17
entered into or prior to commencing construction will enter into a joint18
transmission development agreement pursuant to subdivision (d) of this19
subsection with the electric supplier owning the transmission facilities20
of sixty thousand volts or greater to which the privately developed21
renewable energy generation facility will interconnect;22
(v) Certifies to the board that the private electric supplier has23
consulted with the Game and Parks Commission to identify potential24
measures to avoid, minimize, and mitigate impacts to species identified25
under subsection (1) or (2) of section 37-806 during the project planning26
and design phases, if possible, but in no event later than the27
commencement of construction; and 28
(vi) For a proposed privately developed renewable energy generation29
facility that has a generating capacity that is greater than ten30
megawatts, certifies to the board that the private electric supplier has31
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held at least one public meeting with advanced publicized notice in one1
of the counties in which the proposed facility will be located at which2
(A) the private electric supplier explains the need for the proposed3
facility and the type of facility and (B) real property owners in any of4
the counties in which the proposed facility will be located are provided5
an opportunity to comment on the proposed facility. The private electric6
supplier shall provide a report to the board containing the minutes of7
any such meeting and how many people commented on the proposed facility.8
Documentation received at any such meeting shall be made available to the9
board upon its request. A meeting described in this subdivision is not10
subject to the requirements described in subdivision (2)(d) (2)(b)(iv) of11
section 84-1411. 12
(b)(i) No less than thirty days prior to the commencement of13
construction of a privately developed renewable energy generation14
facility located within a ten-mile radius of a military installation, the15
owner of such facility shall: 16
(A) Provide written notice to the board under subdivision (2)(b)(ii)17
(A) of this section; or 18
(B) Certify in writing to the board that the facility will, upon19
reaching commercial operation, be in compliance with the critical20
infrastructure protection requirements issued by the North American21
Electric Reliability Corporation if such facility is connected to the22
transmission grid at one hundred kilovolts or higher voltage and has a23
nameplate rating of twenty megavolt amperes for a single generation unit24
or is injecting at an aggregate of seventy-five megavolt amperes or25
greater. The owner of such facility shall also submit written notice to26
the board at any time such facility is no longer in compliance with such27
requirements. 28
(ii)(A) An owner of a facility choosing to proceed under subdivision29
(2)(b)(i)(A) of this section shall, following consultation with such30
owner's vendors, submit a one-time written notice to the board certifying31
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that the facility continually contains no electronic-related equipment or1
electronic-related components manufactured by any foreign adversary.2
(B) The owner shall also submit written notice to the board at any3
time such facility is no longer in compliance with the certification4
provided under subdivision (2)(b)(ii)(A) of this section.5
(iii) Notwithstanding subdivisions (2)(b)(i) and (ii) of this6
section, the owner of a facility required to provide the certification7
under subsection (2)(b)(i) may use electronic-related equipment or8
electronic-related components manufactured by a foreign adversary if the9
board preapproves the use of such equipment or components after finding10
that: 11
(A) There is no other reasonable option for procuring such equipment12
or components; and 13
(B) Not procuring or using such equipment or components would cause14
a greater harm to the state than the harm associated with the equipment15
or components. 16
(c) The board may bring an action in the name of the State of17
Nebraska for failure to comply with subdivision (a)(iii)(B) of this18
subsection, except that such subdivision does not apply if a local19
government entity with the authority to create requirements for20
decommissioning has enacted decommissioning requirements for the21
applicable jurisdiction. 22
(d) A joint transmission development agreement shall be entered into23
to address construction, ownership, operation, and maintenance of such24
additions or upgrades to the transmission facilities as required for the25
privately developed renewable energy generation facility. The joint26
transmission development agreement shall be negotiated and executed27
contemporaneously with the generator interconnection agreement or other28
directives of the applicable regional transmission organization with29
jurisdiction over the addition or upgrade of transmission, upon terms30
consistent with prudent electric utility practices for the31
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interconnection of renewable generation facilities, the electric1
supplier's reasonable transmission interconnection requirements, and2
applicable transmission design and construction standards. The electric3
supplier shall have the right to purchase and own transmission facilities4
as set forth in the joint transmission development agreement. The private5
electric supplier of the privately developed renewable energy generation6
facility shall have the right to construct any necessary facilities or7
improvements set forth in the joint transmission development agreement8
pursuant to the standards set forth in the agreement at the private9
electric supplier's cost. 10
(3) Within ten days after receipt of a written notice complying with11
subsection (2) of this section, the executive director of the board shall12
issue a written acknowledgment that the privately developed renewable13
energy generation facility is exempt from sections 70-1012 to 70-1014.0114
if such facility remains in compliance with the requirements of this15
section. 16
(4) The exemption allowed under this section for a privately17
developed renewable energy generation facility shall extend to and exempt18
all private electric suppliers owning any interest in the facility,19
including any successor private electric supplier which subsequently20
acquires any interest in the facility. 21
(5) No property owned, used, or operated as part of a privately22
developed renewable energy generation facility shall be subject to23
eminent domain by a consumer-owned electric supplier operating in the24
State of Nebraska. Nothing in this section shall be construed to grant25
the power of eminent domain to a private electric supplier or limit the26
rights of any entity to acquire any public, municipal, or utility right-27
of-way across property owned, used, or operated as part of a privately28
developed renewable energy generation facility as long as the right-of-29
way does not prevent the operation of or access to the privately30
developed renewable energy generation facility. 31
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(6) Only a consumer-owned electric supplier operating in the State1
of Nebraska may exercise eminent domain authority to acquire the land2
rights necessary for the construction of transmission lines and related3
facilities. There is a rebuttable presumption that the exercise of4
eminent domain to provide needed transmission lines and related5
facilities for a privately developed renewable energy generation facility6
is a public use. 7
(7) Nothing in this section shall be construed to authorize a8
private electric supplier to sell or deliver electricity at retail in9
Nebraska. 10
(8) Nothing in this section shall be construed to limit the11
authority of or require a consumer-owned electric supplier operating in12
the State of Nebraska to enter into a joint agreement with a private13
electric supplier to develop, construct, and jointly own a privately14
developed renewable energy generation facility. 15
Sec. 3. Section 84-1411, Revised Statutes Supplement, 2025, is16
amended to read: 17
84-1411 (1)(a) Except as provided in subsection (9) of this section,18
each public body shall give reasonable advance publicized notice of the19
time and place of each meeting as provided in this subsection. Such20
notice shall be transmitted to all members of the public body and to the21
public. 22
(b)(i) Except as provided in subdivision (1)(b)(ii) of this section,23
in the case of a public body described in subdivision (1)(a)(i) of24
section 84-1409 or such body's advisory committees, such notice shall be25
given by: 26
(A)(I) Publication in a newspaper of general circulation within the27
public body's jurisdiction that is finalized for printing prior to the28
time and date of the meeting, (II) posting on such newspaper's website,29
if available, and (III) posting on a statewide website, if available,30
established and maintained as a repository for such notices by a majority31
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of Nebraska newspapers. Such notice shall be placed in the newspaper and1
on the websites by the newspaper; or 2
(B)(I) Posting to the newspaper's website, if available, and (II)3
posting to a statewide website, if available, established and maintained4
as a repository for such notices by a majority of Nebraska newspapers if5
no edition of a newspaper of general circulation within the public body's6
jurisdiction is to be finalized for printing prior to the time and date7
of the meeting. Such notice shall be placed in the newspaper and on the8
websites by the newspaper. 9
(ii) In the case of the governing body of a city of the second class10
or village, any advisory committee of such governing body, or the11
governing body of a rural or suburban fire protection district, such12
notice shall be given by: 13
(A)(I) Publication in a newspaper of general circulation within the14
public body's jurisdiction that is finalized for printing prior to the15
time and date of the meeting, (II) posting on such newspaper's website,16
if available, and (III) posting on a statewide website, if available,17
established and maintained as a repository for such notices by a majority18
of Nebraska newspapers. Such notice shall be placed in the newspaper and19
on the websites by the newspaper; 20
(B)(I) Posting to the newspaper's website, if available, and (II)21
posting on a statewide website, if available, established and maintained22
as a repository for such notices by a majority of Nebraska newspapers if23
no edition of a newspaper of general circulation within the public body's24
jurisdiction is to be finalized for printing prior to the time and date25
of the meeting. Such notice shall be placed in the newspaper and on the26
websites by the newspaper; or 27
(C) Posting written notice in three conspicuous public places in28
such city, village, or district. Such notice shall be posted by the29
public body in the same three places for each meeting.30
(iii) In the case of a public body not described in subdivision (1)31
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(b)(i) or (ii) of this section, such notice shall be given by a method1
designated by the public body. 2
(iv) In case of refusal, neglect, or inability of the newspaper to3
publish the notice, the public body shall (A) post such notice on its4
website, if available, (B) request the newspaper submit a post on a5
statewide website, if available, established and maintained as a6
repository for such notices by a majority of Nebraska newspapers, and (C)7
post such notice in a conspicuous public place in such public body's8
jurisdiction. The public body shall keep a written record of such posting9
pursuant to subdivision (1)(b)(iv)(A) and (C) of this section and a10
written record of the request to the newspaper pursuant to subdivision11
(1)(b)(iv)(B) of this section. The record of such posting shall be12
evidence that such posting was done as required and shall be sufficient13
to fulfill the requirement of publication. 14
(c) In addition to a method of notice required by subdivision (1)(b)15
(i) or (ii) of this section, such notice may also be provided by any16
other appropriate method designated by such public body or such advisory17
committee. 18
(d) Each public body shall record the methods and dates of such19
notice in its minutes. 20
(e) Such notice shall contain an agenda of subjects known at the21
time of the publicized notice or a statement that the agenda, which shall22
be kept continually current, shall be readily available for public23
inspection at the principal office of the public body during normal24
business hours. Agenda items shall be sufficiently descriptive to give25
the public reasonable notice of the matters to be considered at the26
meeting. Except for items of an emergency nature, the agenda shall not be27
altered later than (i) twenty-four hours before the scheduled28
commencement of the meeting or (ii) forty-eight hours before the29
scheduled commencement of a meeting of a city council or village board30
scheduled outside the corporate limits of the municipality. The public31
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body shall have the right to modify the agenda to include items of an1
emergency nature only at such public meeting. 2
(2)(a) The following entities may hold a meeting by means of virtual3
conferencing if the requirements of subdivision (2)(b) of this section4
are met: 5
(i) A state agency, state board, state commission, state council, or6
state committee, or an advisory committee of any such state entity;7
(ii) An organization, including the governing body, created under8
the Interlocal Cooperation Act, the Joint Public Agency Act, or the9
Municipal Cooperative Financing Act; 10
(iii) The governing body of a public power district having a11
chartered territory of more than one county in this state;12
(iv) The governing body of a public power and irrigation district13
having a chartered territory of more than one county in this state;14
(v) An educational service unit; 15
(vi) The Educational Service Unit Coordinating Council;16
(vii) An organization, including the governing body, of a risk17
management pool or its advisory committees organized in accordance with18
the Intergovernmental Risk Management Act; 19
(viii) A community college board of governors;20
(ix) The Nebraska Brand Committee; 21
(x) A local public health department; 22
(xi) A metropolitan utilities district; 23
(xii) A regional metropolitan transit authority; and24
(xiii) A natural resources district. 25
(2) A public body may hold (b) The requirements for holding a26
meeting by means of virtual conferencing if the following requirements27
are met are as follows: 28
(a) (i) Reasonable advance publicized notice is given as provided in29
subsection (1) of this section, including providing access to a dial-in30
number or link to the virtual conference; 31
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(b) (ii) In addition to the public's right to participate by virtual1
conferencing, reasonable arrangements are made to accommodate the2
public's right to attend at a physical site and participate as provided3
in section 84-1412, including reasonable seating, in at least one4
designated site in a building open to the public and identified in the5
notice, with: At least one member of the public body entity holding such6
meeting, or his or her designee, present at each site; a recording of the7
hearing by audio or visual recording devices; and a reasonable8
opportunity for input, such as public comment or questions, is provided9
to at least the same extent as would be provided if virtual conferencing10
was not used; 11
(c) (iii) At least one copy of all documents being considered at the12
meeting is available at any physical site open to the public where13
individuals may attend the virtual conference. The public body shall also14
provide links to an electronic copy of the agenda, all documents being15
considered at the meeting, and the current version of the Open Meetings16
Act; and 17
(d) (iv) Except as otherwise provided in this subdivision,18
subsection (1) of section 70-1014, subsection (2) of section 70-1014.02,19
or subsection (4) of section 79-2204, in the case of a public body whose20
members are appointed or elected on a statewide basis, other than a21
public body whose only functions are advisory or conducting studies, no22
more than one-half of the meetings of the public body state entities,23
advisory committees, boards, councils, organizations, or governing bodies24
are held by virtual conferencing in a calendar year. In the case of (i)25
(A) an organization created under the Interlocal Cooperation Act that26
sells electricity or natural gas, (ii) (B) an organization created under27
the Municipal Cooperative Financing Act, (iii) (C) a governing body of a28
risk management pool , (iv) a public body whose only functions are29
advisory or conducting studies, or (v) a public body whose members are30
not appointed or elected on a statewide basis, such public body and any31
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advisory committee of such governing body, or (D) any advisory committee1
of any state entity created in response to the Opioid Prevention and2
Treatment Act, such organization, governing body, or committee may hold3
more than one-half of its meetings by virtual conferencing if such public4
body organization holds at least one meeting each calendar year that is5
not by virtual conferencing. 6
(3) Virtual conferencing, emails, faxes, or other electronic7
communication shall not be used to circumvent any of the public8
government purposes established in the Open Meetings Act.9
(4) The secretary or other designee of each public body shall10
maintain a list of the news media requesting notification of meetings and11
shall make reasonable efforts to provide advance notification to them of12
the time and place of each meeting and the subjects to be discussed at13
that meeting. 14
(5) When it is necessary to hold an emergency meeting without15
reasonable advance public notice, the nature of the emergency shall be16
stated in the minutes and any formal action taken in such meeting shall17
pertain only to the emergency. Such emergency meetings may be held by18
virtual conferencing. The provisions of subsection (4) of this section19
shall be complied with in conducting emergency meetings. Complete minutes20
of such emergency meetings specifying the nature of the emergency and any21
formal action taken at the meeting shall be made available to the public22
by no later than the end of the next regular business day.23
(6) A public body may allow a member of the public or any other24
witness to appear before the public body by means of virtual25
conferencing. 26
(7)(a) Notwithstanding subsections (2) and (5) of this section, if27
an emergency is declared by the Governor pursuant to the Emergency28
Management Act as defined in section 81-829.39, a public body the29
territorial jurisdiction of which is included in the emergency30
declaration, in whole or in part, may hold a meeting by virtual31
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conferencing during such emergency if the public body gives reasonable1
advance publicized notice as described in subsection (1) of this section.2
The notice shall include information regarding access for the public and3
news media. In addition to any formal action taken pertaining to the4
emergency, the public body may hold such meeting for the purpose of5
briefing, discussion of public business, formation of tentative policy,6
or the taking of any action by the public body. 7
(b) The public body shall provide access by providing a dial-in8
number or a link to the virtual conference. The public body shall also9
provide links to an electronic copy of the agenda, all documents being10
considered at the meeting, and the current version of the Open Meetings11
Act. Reasonable arrangements shall be made to accommodate the public's12
right to hear and speak at the meeting and record the meeting. Subsection13
(4) of this section shall be complied with in conducting such meetings.14
(c) The nature of the emergency shall be stated in the minutes.15
Complete minutes of such meeting specifying the nature of the emergency16
and any formal action taken at the meeting shall be made available for17
inspection as provided in subsection (5) of section 84-1413.18
(8) In addition to any other statutory authorization for virtual19
conferencing, any public body not listed in subdivision (2)(a) of this20
section may hold a meeting by virtual conferencing if:21
(a) The purpose of the virtual meeting is to discuss items that are22
scheduled to be discussed or acted upon at a subsequent non-virtual open23
meeting of the public body; 24
(b) No action is taken by the public body at the virtual meeting;25
and 26
(c) The public body complies with subdivisions (2)(a) (2)(b)(i) and27
(b) (ii) of this section. 28
(9) This section does not apply to a meeting of the Nebraska Power29
Review Board or a public power district, a public power and irrigation30
district, an electric membership association, an electric cooperative31
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company, a municipality having a generation and distribution system, or a1
registered group of municipalities if such meeting is subject to section2
70-1034. 3
Sec. 4. Original sections 70-1014, 70-1014.02, and 84-1411, Revised4
Statutes Supplement, 2025, are repealed. 5
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