Bill > LB1261

This bill amends Nebraska law to prohibit consumer-owned utilities, such as public power districts or municipalities, from using eminent domain, which is the government's power to take private property for public use with just compensation, to acquire certain privately owned electric generation facilities. Specifically, it prevents these utilities from seizing privately owned power plants built to serve a single industrial customer with a significant new electricity demand of over one thousand megawatts, provided that the facility is co-located with the industrial customer, has an appropriate grid connection, and has been approved by the Nebraska Power Review Board. Furthermore, the bill requires a long-term contract between the private power supplier and the consumer-owned utility, which must ensure the utility retains its exclusive right to serve retail customers in the area, provide commercial benefits, prevent the industrial customer from reselling electricity, and include a waiver of eminent domain rights for the duration of the contract. The industrial customer will be responsible for all associated costs and fees, and the privately owned facility can only serve that specific industrial customer unless otherwise agreed upon. This provision applies to contracts for new industrial loads entered into by December 31, 2031. The bill also repeals the original law that allowed for broader eminent domain powers for electric generation facilities.

Agriculture and Natural Resources

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=62918