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LB 43

Change provisions relating to notice and certification requirements for electric generation facilities, transmission lines, and privately developed renewable energy generation facilities located near military installations

109th Legislature (2025-2026) Introduced by Barry DeKay

Nebraska LB 43 requires near-mmilitary facilities to certify that electronic equipment/components are not from federally designated foreign adversaries, with a one-time compliance

Provisions/portions of LB35 amended into LB43 by AM215
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Bill Summary · LB 43

Summary — LB 43 (2025)

Status: Enacted (Approved by Governor Feb 25, 2025; Emergency Clause included)
Introduced: Jan 9, 2025. Primary sponsor: Sen. Barry DeKay. AM215 (which incorporated portions of LB35) adopted during floor action.

Main purpose

LB 43 updates Nebraska Power Review Board (NPRB) oversight in Chapter 70, Article 10 to require notice and certification about the presence (or absence) of electronic-related equipment/components manufactured or supplied by federally‑designated foreign adversaries at certain electric facilities located near specific military installations. The bill expands the scope of covered activities and creates streamlined certification options for some suppliers.

Key provisions

  • Definitions: Revises and adds definitions including
    • “Electronic‑related” (devices, circuits, components requiring electrical currents/electromagnetism).
    • “Foreign adversary” — defined by reference to 15 C.F.R. 791.4 as it existed on Feb 7, 2025.
    • “Military installation” — includes Offutt AFB and specified USAF ballistic missile silos (per 31 C.F.R. sections as of Jan 1, 2025).
  • Expanded coverage: Requirements apply not only to new construction but also to reconstruction, alterations, upgrades, repairs, maintenance, and installation of new or replacement electronic‑related equipment/components located close to applicable military installations.
  • Certification/Notice requirements:
    • Facilities within a specified proximity (committee report/section notes indicate a 10‑mile radius) must certify that materials/equipment do not and will not contain components manufactured or supplied by identified foreign adversaries (as defined).
    • Electric suppliers located within close proximity may submit a one‑time written certification to the NPRB that a facility is continually operating in compliance with these requirements, rather than repeated filings.
    • The bill updates required content for certifications (Sec. 70‑1014.02) and adds certification language to existing notice provisions (Sec. 70‑1015).
  • Exemptions: The statute references critical exemptions (not fully enumerated in committee materials).
  • Technical/clarifying amendments: AM43/AM11 and Enrollment & Review amendments clarified that the certification covers “modifications to” electronic equipment and that “electronic‑related” components are included.
  • Emergency clause: Law effective immediately upon approval.

Who is affected

  • Electric suppliers in Nebraska (including owners/operators of generation facilities and transmission lines), particularly privately developed renewable energy generation facilities within defined proximity to the identified military installations.
  • Nebraska Power Review Board (administration and enforcement of new certifications and notices).
  • Military installations identified by the bill (Offutt AFB and specified USAF missile silo areas).
  • Stakeholders testifying included Nebraska Rural Electric Association and NPRB (proponents) and Omaha Public Power District (opponent).

Procedural timeline / votes

  • Advanced through Natural Resources Committee with amendments.
  • AM215 (DeKay) adopted Feb 13, 2025.
  • Passed Legislature on Final Reading Feb 21, 2025 (vote 48–0–1).
  • Presented to Governor Feb 21, 2025; approved Feb 25, 2025 (with Emergency Clause).

Practical effect

Facilities and projects within the designated proximity to identified military installations must ensure (and be able to certify to the NPRB) that electronic equipment and components are not sourced from federal “foreign adversaries.” The one‑time continuous‑compliance certification option may reduce repetitive filings for some suppliers. The emergency clause makes the requirements effective immediately upon enactment.

Compiled from official sources — confirm details with the bill’s official record.

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