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LB 137

Prohibit certain restrictions on solar energy devices and pollinator gardens and provide a cause of action

109th Legislature (2025-2026) Introduced by George Dungan and 1 co-sponsor

LB137 bars HOAs from banning solar energy devices or pollinator gardens, voids conflicting covenants, bans related fees, and lets homeowners sue for violations.

Title printed. Carryover bill
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WeVote Research Nonpartisan
Bill Summary · LB 137

Summary of Legislative Bill LB137 (Nebraska, 2025)

Overview

LB137 is a bill introduced in the Nebraska Legislature in January 2025. Its primary aim is to prohibit homeowners associations (HOAs) and similar mutual benefit organizations from restricting the installation of solar energy devices and pollinator gardens, while providing a civil remedy for homeowners who are restricted. The bill was assigned to the Judiciary Committee, with a hearing notice for February 27, 2025.

  • Introduced: January 13, 2025
  • Primary sponsor: Senator George Dungan
  • Cosponsor: Senator Raybould
  • Committee: Judiciary
  • Hearing: February 27, 2025

What the bill would do

  • Prohibits restrictions: No HOA or similar mutual benefit association or corporation may adopt or enforce any instrument (covenants, declarations, bylaws, deeds, contracts, etc.) that prohibits or restricts the installation or use of:
    • Solar energy collectors or solar energy systems
    • Structures that facilitate solar energy collection
    • Pollinator gardens
    • Any instrument that attempts to prohibit these items is void and unenforceable.
  • Fee prohibition: Such associations may not assess or charge homeowners a fee for placing or installing solar energy devices or pollinator gardens.
  • Existing covenants: Any covenant or instrument that violates the above is void and unenforceable.
  • Civil remedy: Homeowners may bring a civil action against the HOA or similar mutual benefit association or corporation for violations of the bill’s provisions.

Definitions and related provisions

  • Pollinator garden: A garden designed to support pollinators (e.g., bees, butterflies) and intended to comply with political subdivision pollinator garden programs.
  • Solar energy device/system: Defined with reference to standard statutory definitions for solar energy systems (the bill aligns with the existing statutory framework for solar definitions).
  • Revisor assignment: The Revisor of Statutes would assign Sections 1 and 2 of the act to Chapter 76.

Procedural and timeline details

  • Notice of hearing posted for February 27, 2025.
  • Date of introduction: January 13, 2025.
  • Legislative actions indicate ongoing consideration by the Judiciary Committee, with the bill progressing through standard committee processes.

Affected parties

  • Homeowners and residents in Nebraska communities governed by HOAs or similar mutual benefit associations.
  • HOAs and similar entities who enforce covenants or rules related to property ownership, solar installations, or pollinator gardens.
  • Local governments implementing pollinator programs (as referenced in compliance requirements for pollinator gardens).

Key implications and considerations

  • Strengthens homeowner rights to install solar energy systems and pollinator gardens by limiting HOA restrictions.
  • Creates a private civil remedy, enabling homeowners to sue for violations.
  • Could impact HOA governance, covenants, and potential fee structures related to solar installations and pollinator gardens.
  • Aligns private property rights with state interest in renewable energy adoption and pollinator habitats, subject to compliance with local pollinator programs.

For readers seeking to track the bill’s progress, LB137 is currently scheduled for a hearing on February 27, 2025, with introduced and committee actions noted above.

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

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