Confusion Feeds Controversy Over Renewable Energy Bill

By Gordon Hopkins As with a number of other counties in southeast Nebraska, Jefferson and Gage went through a long period of public debate and controversy over zoning regulations for wind and solar energy facilities. While those regulations have mostly been set, the controversy continues as the Nebraska Legislature considers a bill to establish uniform standards for the permitting of wind, solar and energy storage facilities.Much of the controversy was fed by confusion over the purpose of the bill.On Thursday, February 12, 2026, the Natural Resources Committee heard testimony about LB1204. According to the introducer of the bill, Senator Stan Clouse, the proposed standards would be optional for counties. However, many of testifiers at the hearing admit they were under the impression the proposed standards would be mandatory. According to the bill’s Statement of Intent, “LB1204 creates the Nameplate Capacity Tax Facility Standards Act, which establishes standards for setbacks, noise, decommissioning, shadow flicker, lighting, road use, and visual screening. The bill also includes agricultural protections for affected landowners. Permit application procedures and timelines are established for county review of proposed facilities.”Clouse acknowledged the confusion and said he intends to amend the bill to reflect his intentions, “This is going to take a lot of work. This is really a work in progress.”Among those speaking in opposition to the bill was attorney Scott Gropp of Gropp Law and Mediation, LLC, who serves as the Public Defender for Jefferson County. He has also represented a number of landowners in recent years opposed to wind farm development. Gropp expressed some doubt that the bill was intended to be optional. “I think everybody knew what the intent of this was. Notwithstanding the intent clarification today,” said Gropp. “You're going to find that a hard sell to the people who have read the law, have read the bill and are here today.”According to Gropp, the problem with the standards as set in the bill is that, among “most of the counties in the State of Nebraska that have thoughtfully reviewed their own county’s needs,” they have already adopted regulations that are “far more restrictive.” Supporters of renewable energy have been frustrated by counties with extremely restrictive zoning regulations. Representatives of NextEra Energy, the company that owns and operates the Steele Flats Wind Farm located in parts of Jefferson and Gage Counties, have said the regulations set by those counties make any further wind development in those counties impossible.It is worth noting that, since those new regulations were enacted, there have been no new wind turbine permits in either county. The bill would also expand the nameplate capacity tax to include energy storage resources that support renewable generation facilities and changes the distribution of tax revenue for facilities permitted, increasing the county share from approximately 22 percent to 95 percent.David Levy, attorney for BairdHolm, which represents NextEra, was one of those who testified in favor of the bill.He noted, “Today, nameplate capacity tax revenue in the state of Nebraska is approaching $20 million annually.”Levy also disputed the suggestion the bill would take away control from counties, “I think it’s a protection in some respects for county board members, gives them very clear guidance but, yet, they retain some discretion as well.”

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