Wednesday, January 27, 2016

We are in the third full week of the session.  I don't know how to accurately describe the start of this session.  It seems we have been racing forward and it has been difficult to catch up--Hearings started before we even had a chance to get our feet under us. I hear the same comments from my colleagues.

Chet McWhorter waits to testify on LB725
Last Thursday (1/21) The Revenue committee heard testimony on LB 725, a bill introduced by Senator Schumacher to eliminate the requirement to file a form 521 for utility easements.Chet McWhorter, Manager from Cuming County PPD, did an excellent job providing testimony on behalf of NREA and the NPA in support of the measure.  As of now, the Committee is waiting for language for an amendment from Ruth Sorenson, the Property Tax Administrator for the state.  The amendment will address expanding the exemption to other forms of easements. LB 725 was well supported and there was no opposition testimony. It is expected to advance.


Today the Natural Resources Committee heard LB 824, Senator John McCollister's legislation that would remove all of the state regulatory requirements for private renewable energy development in the state.  This was the wind industry reaction to the stalling of Senator Ken Haar's bill , LB 407, in Committee last year. NREA and the NPA opposed LB 407 and we used that position to let Senator McCollister know that we would oppose LB 824 as well.  If I were to characterize the bill it would be "LB 407 on Steroids". While LB 407 still allowed for some regulatory oversight by the Power Review Board, LB 824 removed any and all review.  The NPA Board voted to oppose the bill and we were ready to provide testimony on behalf of NREA and NPA.  Late yesterday, NPPD notified me that they worked out a deal on the bill and that if McCollister would remove the aspects of the bill that repealed the right of first refusal to build transmission as mandated by the Southwest Power Pool and other transmission components they would testify in a neutral capacity on the bill.  NPPD then petitioned the NPA board to change their position from opposition to neutral.  In the end, NREA did not testify on LB 824.  We will follow and participate in the language negotiations on LB 824 to see if there is a reiteration of the bill that we can agree to.

There was significant opposition to LB 824, by landowners and business owners. Much of the testimony was very compelling.  One of the questions asked by testifiers was if we expect public power utilities to go through a review and approval process, why would we give private developers a free pass? I'd say that is a good question.

NPPD, the Municipal Energy Agency of Nebraska and the Power Review Board testified in a neutral capacity on LB 824.  Even though the testimony was "neutral", the testimony by all three identified areas of the bill that must be changed to protect the consumers in Nebraska.

 Upcoming Hearings Thursday 1/28



Judiciary
Location: Room 1113
Time: 1:30 PM

LB 693 (Morfeld) Change limitation of action provisions under the Political Subdivisions Tort Claims Act. Increases the time to file a claim from one to 2 years.  NREA & NPA Oppose



                         
Natural Resources
Location: Room 1525
Time: 1:30 PM

LB 881  (Schilz) Change provisions relating to energy financing contracts. NREA & NPA Monitor
LB 914 (Schilz) Change compensation for certain members of the Nebraska Power Review Board as prescribed.  NPA Support.