Energy (Energy Storage)

LB 1204 adopts the Nameplate Capacity Tax Facility Standards Act to establish statewide maximum standards for regulating renewable energy facilities (like wind farms) and energy storage resources in Nebraska. It directly affects renewable energy developers, landowners (both those leasing land to projects and nonparticipating neighbors), and local governments. The key mechanism sets uniform limits on local permitting and zoning rules - preventing counties from imposing stricter requirements than specified standards (e.g., setback distances for wind turbines) while allowing less restrictive rules. This ensures predictable development, protects nonparticipating landowners from agricultural impacts, and guarantees counties receive nameplate capacity tax revenue from these projects.

Nebraska's LB 1193 establishes regulatory requirements for energy storage resources and modifies tax treatment for renewable energy infrastructure. The bill changes property tax exemptions by designating funds from the nameplate capacity tax (levied under section 77-6203) as "non-restricted" for the first five years after an energy storage facility or renewable generation facility begins operation. This policy directly affects energy storage facility operators and local governments managing tax revenues, as it allows communities to use these tax funds more flexibly for general purposes rather than restricted uses. The bill also harmonizes related provisions across multiple statutes to create a consistent regulatory framework for energy storage resources.

Nebraska's LB 1186 adopts the "Affordable American Energy and Jobs Act" to streamline development of wind, solar, biomass, geothermal, hydropower, and battery storage projects. It requires private energy developers to sign long-term power purchase agreements with public entities (like municipal utilities or power districts) for all energy generated, while prohibiting eminent domain over these projects. The bill mandates the Department of Water, Energy, and Environment to create non-binding "best practices" guidelines for siting projects, covering wildlife protection, agricultural land preservation, community benefits, and job creation for Nebraskans. Counties that adopt these guidelines become eligible for additional revenue from the nameplate capacity tax. The law focuses on balancing project development with community and environmental considerations through standardized planning criteria.

LB 1010 allows Nebraska electric districts to use eminent domain (government power to acquire property) for energy storage facilities, including batteries and other systems for storing electricity. It specifically prohibits consumer-owned electric cooperatives from using eminent domain to take privately developed renewable energy projects (like wind farms and their related infrastructure) that meet requirements under Section 70-1014.02. The bill updates rules for how utilities apply for permits, file notices, and handle violations related to energy storage resources. These changes aim to clarify legal authority for energy storage while protecting existing renewable energy investments.

LB 309 requires producers of covered batteries (like small consumer electronics) to join approved recycling programs by 2028 and mandates clear labeling on batteries by 2029 to show chemistry and proper disposal instructions. It directly affects battery manufacturers and retailers selling products containing portable or medium-format batteries (excluding medical devices, car batteries, and non-removable batteries). The law creates a system where producers fund recycling through designated organizations, tracks collection and recycling rates, and prohibits selling unmarked batteries. This aims to ensure safe disposal and recycling while exempting certain batteries like those in medical devices or vehicles.

Nebraska's LB 36 establishes the Safe Battery Collection and Recycling Act, requiring producers of covered batteries (excluding medical devices, vehicle batteries, and certain electronics) to join designated battery stewardship organizations by January 1, 2028. These organizations must meet recycling efficiency targets for collected batteries, with penalties for noncompliance. The bill also creates a Home Weatherization Clearinghouse to support energy efficiency programs and includes provisions for mitigating habitat impacts on threatened or endangered species. It modifies water recreation, groundwater allocation, and Game and Parks Commission permit rules but focuses primarily on battery recycling requirements for producers and retailers.

LB 349 updates Nebraska's regulatory process for electric suppliers building or acquiring battery storage systems and other grid-scale energy storage resources. It streamlines application requirements, notices, and filing procedures while clarifying exemptions for these projects. The bill directly affects electric suppliers (like utility companies) by changing how they must seek approval for storage infrastructure, aiming to simplify the process without altering the definition of storage resources. This is a procedural change focused on regulatory efficiency, not new energy policies.