2010 Legislative Update # 4

On Tuesday, February 9th the Urban Affairs committee will hold a hearing on one of our top priorities, LB 1098, introduced by Senator Heath Mello of Omaha. LB 1098 would set up a novel method of funding energy efficiency and renewable energy improvements for homeowners and business people. One of the biggest problems with getting people to invest in energy improvements is the upfront cost. LB 1098 would allow cities to set up energy financing districts with bonding authority to provide funding for home energy efficiency and renewable energy projects.
A homeowner or business would apply for funding from the financing district for an energy efficiency or renewable energy project for their property. The projects would be paid off through an assessment on the property. If the property was sold, the new owner would take over the payments. The improvements are feasible for the owner because the utility bills would be reduced by more than the amount of the payment and the value of the property is increased. Although this idea, known as PACE (Property Assessed Clean Energy) is new to Nebraska, it has been successfully used in several other communities throughout the United States.
On Thursday, February 11th the Natural Resources Committee will hold hearings on three bills related to trails. LB 1010 would set up a procedure for the use of eminent domain for trails purposes by Natural Resources Districts. LB 1011 would prohibit the use of eminent domain for trails purposes by Natural Resources Districts. LB 1019 sets up a mediation procedure for eminent domain for trails purposes by Natural Resources Districts. We are currently neutral on LB 1010 and are working with the introducer, Senator Pankonin to see if we can work out language that will satisfy the needs of trails users and the concerns of property rights advocates. We are opposed to LB 1011 and supporting LB 1019 at this time.
On Thursday, February 4th, the Natural Resources Committee held a briefing on wind development in Nebraska. Representatives of Nebraska’s public power districts and wind developers were asked to make presentations to the Committee about policies that will encourage wind development while protecting the interests of public power. I was the only person invited to speak on behalf of environmental interests. Although I am grateful to the chairman of the committee, Senator Chris Langemeier for inviting me to speak, I am very concerned that protecting the environment may get squeezed out while big wind developers and the public power districts fight over their turf. I have three concerns that I want to see addressed: standards for siting wind turbines and transmission lines that protect wildlife and habitat; funding for agencies that may be charged with investigating environmental or safety issues and follow up investigation and enforcement authority regarding environmental violations. I am continuing to work with the committee to try to get these concerns addressed.

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