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Natural Resources Committee Considers Removing Barriers to the Export of Renewable Energy

on Monday, 8 February 2016 in Dirt Alert: David C. Levy, Editor

On January 27, 2016, the Natural Resources Committee heard testimony on LB 824 (McCollister), which removes several significant barriers inhibiting private development of wind energy and encourages billions of dollars of investment in Nebraska.

LB 824 allows development of private renewable generation facilities with limited oversight by the Nebraska Power Review Board (the “Board”), but maintains notification and registration requirements for all projects developing renewable energy.

LB 824 eliminates the requirement that an export facility developer execute a power purchase agreement before it may construct a facility, prohibits the use of eminent domain against assets of private electric suppliers, and eliminates evaluation of stranded assets as a criterion for construction of private renewable generation facilities.

LB 824 maintains local governments to regulate the decommissioning of private renewable facilities and requires submittal of a decommissioning plan to the Board in the absence of local regulation.

Baird Holm testified in support of LB 824 on behalf of several clients and continues to work with members of the Natural Resources Committee to address lingering concerns regarding the bill. Concerns include preservation of the right of first refusal, technical changes relating to eminent domain, and environmental agency consultation.

As of the date of this publication, the Natural Resources Committee has not taken action on LB 824.

You can find a copy of this bill and information regarding its status on the Nebraska Legislature’s website at

Please do not hesitate to contact us if you have questions about this bill or any others. Thank you.

David C. Levy

Garner R. Girthoffer

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500

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