LB 1261 Legislature · 109th Legislature (2025-2026)

Prohibit the use of eminent domain to acquire certain privately owned electric generation facilities

LB 1261 prohibits Nebraska consumer-owned utilities (like public power districts and cooperatives) from using eminent domain to acquire privately owned electric generation facilities serving large industrial customers. It specifically applies to facilities over 1,000 megawatts that are co-located with the industrial site, have grid interconnection approval, and operate under long-term contracts with the utility. These contracts must include a waiver of eminent domain rights, prohibit resale of electricity, and require the industrial customer to cover all related utility costs. The bill repeals a previous law that allowed such acquisitions, focusing on protecting private industrial energy projects under defined conditions.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Legislature Passage
Apr 2026
Legislature Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 27, 2026 Signed Apr 17, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Final Reading · 5 edits
MODERATE
The bill clarifies the requirements for large industrial electric projects by adding specific conditions that must be met, such as receiving approval from the Nebraska Power Review Board and executing a long-term agreement that protects the rights of local consumer-owned utilities. It also defines 'consumer-owned utility' to include various public power entities and sets a deadline for these contracts to remain in effect until December 31, 2031.
Scope change
The bill's scope was refined to explicitly require approval from the Nebraska Power Review Board and to mandate specific contractual protections for existing utility providers, ensuring local utilities retain their right to serve retail customers and supply wholesale power.
REQUIREMENT

Added a requirement that the privately owned generation facility must receive approval from the Nebraska Power Review Board.

Added a requirement for a long-term contract that preserves the exclusive right of consumer-owned utilities to serve retail customers and prohibits the industrial customer from reselling electricity.

DEFINITION

Added a definition for 'consumer-owned utility' to include public power districts, municipalities, cooperatives, and other governmental entities.

TIMELINE

Added a timeline provision stating that the new contract requirements apply to agreements entered into on or before December 31, 2031.

TECHNICAL

Removed redundant text and formatting errors from the original draft.

Floor votes · Legislature Mar 18, 2026

How they voted

390
Passed · 10 other
Total votes 49
Mar 18, 2026
N Nonpartisan49
39 Yea 10
79% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
95
Key actions
8
Committee
2
Apr 17, 2026
Signed into law
Approved by Governor on April 14, 2026
executive
Apr 10, 2026
Legislature · Passed
President/Speaker signed
legislature
Apr 10, 2026
Legislature · Passed
Passed on Final Reading 33-16*-0
legislature
Apr 1, 2026
Legislature · Passed
DeKay AM2851 adopted
legislature
Mar 18, 2026
Legislature · Passed
Conrad AM2115 adopted
legislature
Mar 18, 2026
Legislature · Passed
Conrad AM2111 adopted
legislature
Mar 18, 2026
Legislature · Passed
Natural Resources AM2086 adopted
legislature
Feb 19, 2026
Legislature · Passed
Placed on General File with AM2086
legislature
Jan 29, 2026
Committee
Referred to Natural Resources Committee
legislature
Jan 27, 2026
Introduced
Date of introduction
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Barry DeKay
Barry DeKay
NNonpartisan
NE
40