Change provisions relating to the requirements for certain exemptions for privately developed renewable energy generation facilities

109th Legislature (2025-2026) Introduced by Tom Brandt

LB 35 clarifies that privately developed renewable facilities near military installations must meet NERC CIP security requirements by commercial operation, not earlier.

Provisions/portions of LB35 amended into LB43 by AM215

Summary — LB 35 (2025)

Title: Change provisions relating to the requirements for certain exemptions for privately developed renewable energy generation facilities
Introduced: Jan. 9, 2025 (Sen. Tom Brandt)
Primary change: Clarifies timing for compliance with federal critical infrastructure protection rules for certain privately developed renewable energy facilities

Purpose

LB 35 narrows and clarifies when privately developed renewable energy generation facilities must meet certain national security and critical‑infrastructure requirements. Specifically, it makes clear that compliance with North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) requirements is required at the facility’s commercial operation date (COD), rather than earlier in the development or construction process, for facilities located within ten miles of a military installation.

Key provisions

Amends Neb. Rev. Stat. § 70‑1014.02 to clarify certification requirements that a privately developed renewable energy facility must provide to the board (per the statute) in order to qualify for the statutory exemption.

For facilities located within a ten‑mile radius of a military installation, the owner must certify either that:

the facility contains no materials, electronics, or components manufactured by persons determined to be a foreign adversary under 15 C.F.R. 791.4 (as that regulation existed on Jan. 1, 2025); or
the facility will be in compliance with NERC CIP requirements upon reaching commercial operation, and the private electric supplier must notify the board in writing if it is no longer in compliance.

Retains other statutory preconditions for the exemption, including requirements for decommissioning plans/bonds, joint transmission development agreements with the transmission owner, consultation on wildlife/37‑806 species impacts, and at least one publicly noticed local meeting for larger facilities.

AM48 (committee amendment) made a technical correction updating the CFR reference to 15 C.F.R. 791.4 “as such regulation existed on January 1, 2025.”

Who is affected

Private electric suppliers/developers of renewable generation in Nebraska (solar, wind, etc.), especially projects sited within 10 miles of military installations.

Military installations (concerned with nearby critical infrastructure/security risks).

Electric utilities and transmission owners (joint transmission development agreements).

Local governments (decommissioning requirements/authority) and neighboring landowners (public meeting requirement).

Legislative status and timeline

Referred to Natural Resources Committee Jan. 13, 2025; heard Jan. 22, 2025.

Committee adopted AM48 and advanced LB 35 to General File (Jan. 29, 2025).

Placed on Select File, then Final Reading in Feb. 2025.

Motion to indefinitely postpone prevailed June 2, 2025 (bill was indefinitely postponed).

Portions/provisions of LB 35 were later amended into LB 43 by AM215 (June 6, 2025).

Potential impact

Reduces the pre‑construction compliance burden by allowing developers to delay full NERC CIP compliance until commercial operation, which may speed early development activities for projects near military installations while preserving the requirement that security standards be met before operation.

Maintains other protections (decommissioning financial assurance, environmental/species consultation, public outreach, transmission planning) intended to address local, environmental, and grid integration concerns.