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NE LB1204
Bill
Status
1/21/2026
Primary Sponsor
Stanley Clouse
Click for details
AI Summary
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Establishes the Nameplate Capacity Tax Facility Standards Act, creating uniform statewide maximum standards for renewable energy generation facilities and energy storage resources that political subdivisions cannot exceed, including setback requirements (1.1x turbine height for wind, 25-200 feet for solar/storage), noise limits (50 decibels), and shadow flicker limits (30 hours/year)
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Prohibits counties and municipalities from imposing permitting, zoning, or building requirements more restrictive than the state standards, preempting local ordinances effective January 1, 2027, while allowing less restrictive local standards
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Extends the existing nameplate capacity tax ($3,518/megawatt annually) to privately owned energy storage resources co-located with renewable facilities having 100+ kilowatt capacity, with 95% of revenue from new facilities distributed to counties and 5% to community colleges
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Requires decommissioning financial assurance (surety bonds, letters of credit, or parent company guarantees) starting in year 15 of operation, with 18-month completion timeline after cessation of commercial operations
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Creates permit application timelines requiring county boards to approve or deny applications within 45 days (under 25MW) or 90 days (25MW+), with automatic approval if deadlines are missed, and allows judicial appeal with attorney fee recovery for prevailing applicants
Legislative Description
Adopt the Nameplate Capacity Tax Facility Standards Act and change provisions relating to property tax exemptions and the nameplate capacity tax
Last Action
Notice of hearing for February 12, 2026
2/5/2026