Data centers in Nebraska

📜 State laws

LB 1010 (2026): data centers must report, pay their way and sign community deals · April 14, 2026
LB 1010 passed 49-0 and was signed on April 14, 2026. It covers data centers that can use 10 megawatts or more. Each year by September 30, the owner must report to the Department of Water, Energy, and Environment (DWEE) and the Legislature's Natural Resources Committee: name, owners, size, street address and county, yearly power use, yearly water use, tax breaks and state incentives it gets, energy-saving steps, renewable energy promises and how long it will run. The owner must pay all costs to take the data center down later, and must sign a community benefit agreement with the communities affected. Public power utilities may make a data center pay the full cost of new power lines and equipment, so other customers do not pay. The bill also took in parts of LB 1111 and LB 1064. Source

Large Load Customer Regulation Act (part of LB 1010): rules for customers over 20 megawatts · April 14, 2026
Every public power utility must set rules for new customers that would use more than 20 megawatts at one site. The customer pays a study fee of $50,000 or $1,000 per megawatt, whichever is more, and the utility must finish the study within one year. The customer must show it controls the land, say if it is shopping the same project to other places, list its backup generators and make money commitments for new power lines and power plants. Utilities may set special rates for these customers so costs are fairly shared and other customers are protected. In a grid emergency, utilities can make these customers cut their power use or switch to their backup generators. Source

LB 1261 (2026): private power plants for very big customers · April 14, 2026
LB 1261 was introduced at the Governor's request, passed 33-16 and was signed on April 14, 2026 (with a public signing event in June). Normally a public power district can take over a private power plant by eminent domain. Under LB 1261 it cannot, if the private plant is built next to one customer that needs more than 1,000 megawatts of new power, is approved by the Nebraska Power Review Board, and has a contract with the local public utility. The customer must pay all grid upgrade and other costs it causes, and cannot resell the power. It applies to contracts made by December 31, 2031. Amendments to add water and tax-break limits for data centers failed. Source

LB 663 (2026): fast deadlines for county conditional use permits · Feb 24, 2026
LB 663 passed 43-5 and was signed on February 24, 2026. It changes how counties handle conditional use permits and special exceptions, which data center builders often use. Staff have 30 days to decide if an application is complete. The planning commission then has 90 days to decide or recommend. The county board has 90 days after it gets a complete application; if it does not decide in time, the permit is approved automatically. The board must presume the applicant will follow all laws; without facts against the application, it must approve it. A county cannot require other permits first. Anyone who appeals a decision must prove by clear and convincing evidence that it was arbitrary or broke the zoning rules. County board members, planning commissioners and the county attorney must take two hours of training per term. Residents say this rushes local officials. Source

LB 1111 (2026): stand-alone data center rules bill (did not pass alone) · April 17, 2026
LB 1111, by Sen. Machaela Cavanaugh, would have required a yearly data center power report to the Power Review Board and public notice of proposed data centers. It was not passed on its own, but parts of it were added to LB 1010, which became law. Source

When the 2026 laws took effect · April 17, 2026
The 2026 session ended on April 17, 2026. Under the Nebraska Constitution, a law without an emergency clause takes effect three calendar months after the session ends, so these laws took effect in mid-July 2026 unless the bill says otherwise. Source

💡 Who pays for the power

All power is public power: each utility's board sets rates · Oct 7, 2026
Nebraska is the only state where every retail customer is served by a consumer-owned utility: public power districts (like OPPD and NPPD), city utilities (like Lincoln Electric System) and rural co-ops. There is no state commission that approves electric rates. A public power district's board sets its own rates, which must be fair and reasonable; boards may also negotiate special rates with big customers. To speak up about rates, go to your utility's board meetings. Source

Nebraska Power Review Board: approves power plants and big power lines · Oct 7, 2026
The Power Review Board is the state agency for the electric industry. It must approve new power plants, energy storage and power lines over 700 volts before they are built (with some exceptions), keeps the map of which utility serves each area, and receives the yearly statewide Load and Capability Report. Under LB 1261 it must approve any private power plant built for a customer over 1,000 megawatts. Source

How much new power data centers want (2026 forecast) · Aug 21, 2026
The 2026 Load and Capability Report (August 21, 2026) adds up big new power requests across Nebraska. For data centers and similar computer loads it lists 800 to 1,100 megawatts already under contract, 350 to 1,950 megawatts more that are likely, and 1,800 to 4,300 megawatts that are less certain. Source

How OPPD, NPPD and LES handle big new customers · Aug 21, 2026
OPPD has a Large Load Request Policy for new loads of 2 megawatts or more; customers of 20 megawatts or more pay study fees and an Energy Security Deposit, and sign contracts that guarantee the revenue OPPD expects. OPPD says it is updating the policy to follow LB 1010. NPPD has a New Load Process with a deposit of $12,000 per megawatt for projects of 5 megawatts or more. LES has a special 'Large Power with Market Energy' rate for customers of 20 megawatts or more and began serving its first such customer in late 2025. Source

OPPD raised rates 6.3% on average for 2026 · Dec 2025
OPPD's board approved a 2026 budget that raised rates by 6.3% on average from January 1, 2026: about 6% for homes (about $7 more a month on a $115 bill), 3.7% for businesses and 8.9% for industry. OPPD named higher fuel and power costs, grid upgrades, material costs and new reserve rules from the regional grid operator (Southwest Power Pool). It did not single out data centers. Source

💵 Tax breaks

Governor's order: no new ImagiNE tax incentives for data centers (July 2026) · July 20, 2026
On July 20, 2026, Governor Pillen signed Executive Order 26-17. The order tells the Department of Economic Development and the Department of Revenue to weigh whether a project brings long-term benefits and protects the environment before approving ImagiNE Nebraska Act or Nebraska Advantage Act incentives. The Governor said this means no new data center, large or small, will get ImagiNE tax credits. He said it is not a ban on data centers. Lawmakers could still change the law in 2027; Sen. Mike Jacobson said he may bring a bill to take data centers out of the ImagiNE Act. Source

What data center tax breaks have cost so far · July 20, 2026
According to the Governor's office, from January 2021 to June 2026 data centers got about $317 million in state tax credits and about $519 million in property tax exemptions on $15 billion of equipment. Meta has received the most, close to $311 million, according to Good Jobs First as reported by Nebraska Public Media. These incentives work as rebates of property and sales taxes paid. LB 1010 also keeps a property tax exemption for data center equipment that is put together in Nebraska and then shipped out of state. Source

🤐 Secret deals and public records

Nebraska public records law: how to get records · Oct 7, 2026
Any Nebraska resident, and anyone else interested, can ask any state or local government for public records. The office must answer within four business days: give the records, deny in writing with the legal reason, or explain the delay and give the earliest date. Copies can cost only the actual added cost. For Nebraska residents, the first 8 hours of staff time are free; after that a fee can be charged, and a deposit if costs are over $50. You can ask for a fee waiver if the records help people understand government. Source

If a records request is denied · Oct 7, 2026
You can ask the Attorney General to review the denial; the AG must decide within 15 calendar days. Or you can go straight to district court. The denial letter must cite the exact law used. Source

What can be kept secret · Oct 7, 2026
Offices may withhold trade secrets and business information that would help competitors and serve no public purpose. Under LB 1010, a utility may not share a big customer's disclosure about other places it is considering. We found no Nebraska law that bans or limits secret deals (NDAs) between local officials and data center companies. Source

New yearly data center reports · Sept 30, 2026
Since LB 1010, every data center of 10 megawatts or more must send a yearly report (due September 30) to DWEE and the Legislature's Natural Resources Committee, including its address, power use and water use. The law does not say whether DWEE must publish the reports. Source

Open meetings · Oct 7, 2026
City councils, village boards, county boards, planning commissions and utility boards must give advance public notice of each meeting, under the Open Meetings Act. Source

💧 Water

Groundwater: your local Natural Resources District (NRD) decides · Aug 24, 2026
Most water in Nebraska is groundwater. Nebraska's Natural Resources Districts can require well permits, meters and water use reports. Many NRDs have special rules for very large water users: for example, a state summary lists Central Platte NRD (over 25 million gallons a year), Lewis and Clark and Little Blue NRDs (over 500 acre-feet), and Lower Big Blue (over 400 acre-feet). Rules differ by NRD and many are being updated, so check with yours. Source

State permit for big industrial groundwater wells · Oct 7, 2026
A company that wants to pump groundwater for industrial or commercial use (and move it off the well site) needs a permit from the state's Chief Water Officer at DWEE before drilling. The application must show how much water and include a study of the effect on nearby users. Smaller transfers (under 150 acre-feet a year) need public notice in the newspaper and a meter instead. If the data center buys water from a city water system, this permit is not needed. Source

How much water data centers use · July 2026
There is no official count of data centers in Nebraska. Google says its Nebraska data centers used about 732 million gallons of water in 2025. Meta's Sarpy County data center withdrew 26.7 to 37.5 million gallons a year from 2020 to 2024. LB 1010's yearly reports should give more numbers. Source

🌫️ Air and generators

DWEE approves air permits for generators and power plants · Oct 7, 2026
The Department of Water, Energy, and Environment (DWEE) air quality program issues construction and operating permits for diesel generators, gas turbines and power plants. Draft permits are posted on DWEE's Public Notices page with a comment period. Questions and comments: dwee.airquality@nebraska.gov or 402-471-2186. Source

Backup generators must be reported to the utility · April 14, 2026
Under LB 1010, a customer over 20 megawatts must tell its utility about its backup generators (1 megawatt or more), and the utility can order it to run them in a grid emergency. Source

🙋 How to have your say

Who decides a data center near you · Oct 7, 2026
Inside a city or village, the city council or village board decides zoning, after its planning commission. Cities and villages can also zone a strip just outside town (for example, one mile for smaller cities and villages). On rural land, the county board (commissioners or supervisors) decides, with the county planning commission. Townships do not zone in Nebraska. At least a dozen counties passed data center moratoriums in 2026. Source

Zoning hearings and notice · Oct 7, 2026
A zoning change needs public hearings before both the planning commission and the council or county board. Notice must be in a local newspaper at least 10 days before. For city zoning changes, a sign must also be posted on the land at least 10 days before. If owners of 20% of the land in or near the change protest and the change does not fit the town's plan, three-fourths of the council must vote yes. Source

County conditional use permits: watch the clock · Feb 24, 2026
Since LB 663 (2026), a county must decide a conditional use permit within 90 days of a complete application, or it is approved automatically. Speak at the planning commission hearing; the commission must write down the facts it relies on. The board must approve unless there are facts against the application, so bring facts (water, roads, noise, power) rather than only opinions. Source

Appeal deadlines · Oct 7, 2026
A board of adjustment decision (city or county) can be appealed to district court within 15 days after the decision is filed. A county decision on a conditional use permit is appealed to district court; the person appealing must prove by clear and convincing evidence that it was arbitrary, illegal or broke the zoning rules. Talk to a lawyer quickly. Source

How to ask for public records · Oct 7, 2026
Send a written request (email is fine) to the clerk of the city, village or county, or to the utility or state agency. Name the records (for example, letters with the developer, NDAs, utility load studies, community benefit agreements). They must answer within four business days. Anyone may ask. Source

How to speak up about power rates · Oct 7, 2026
There is no state commission for electric rates, so go to your utility's board meetings (OPPD, NPPD, LES, your city council or rural co-op). New power plants and big power lines need Nebraska Power Review Board approval, which holds public meetings. Source

State Data Center Task Force (2026-2027) · Sept 22, 2026
The Governor's Data Center Task Force, run by DWEE, first met September 22, 2026; its next meeting was set for October 20, 2026. It will send recommendations to lawmakers in 2027 on protecting water and natural resources and on county zoning guidelines. Its 19 members include utility, business, water district, county and construction leaders. Meeting notices are posted on DWEE's task force page. Source

🧾 Help with your bills

LIHEAP: help with heating and cooling bills · Oct 7, 2026
Nebraska DHHS pays part of heating bills once per season (October 1 to March 31) and cooling bills once per season (June 1 to August 31, for homes with a young child on ADC, someone 70 or older, or someone whose illness gets worse in heat). Crisis help is paid year-round, including deposits and reconnect fees. Apply online, at a DHHS office, or by calling ACCESSNebraska (Lincoln 402-323-3900, Omaha 402-595-1258, elsewhere 800-383-4278). If you already have an active Economic Assistance case, you can ask for LIHEAP without a new application. If you have a shut-off notice, call 800-383-4278. Source

Ask your utility for help · Oct 7, 2026
OPPD asks customers who are struggling with bills to call 402-536-4131 (or 1-877-536-4131 outside Omaha). Other utilities have their own payment plans; call the number on your bill. Source

📞 Who to contact

Nebraska Department of Water, Energy, and Environment (DWEE) · Oct 7, 2026
Air permits, industrial groundwater permits, surface water rights, the yearly data center reports and the Data Center Task Force. Source

Nebraska Power Review Board · Oct 7, 2026
Approves new power plants, energy storage and big power lines; keeps utility service area maps. 402-471-2301. Source

Nebraska Department of Economic Development · Oct 7, 2026
Runs the ImagiNE Nebraska Act tax incentives; under Executive Order 26-17 it reviews incentive applications with DWEE. Source

Nebraska Department of Revenue · Oct 7, 2026
Runs the older Nebraska Advantage Act incentives used by large data centers. Source

Your Natural Resources District (NRD) · Oct 7, 2026
Local groundwater rules, well permits and large water user rules. Nebraska has 23 NRDs; DWEE's task force page lists their large user rules. Source

Nebraska Attorney General · Oct 7, 2026
Reviews denied public records requests (decision within 15 days). Source

Nebraska Legislature (Unicameral) · Oct 7, 2026
One-house legislature; the Natural Resources Committee gets the yearly data center reports. Find your senator and bills on the site. Source

Nebraska DHHS energy assistance · Oct 7, 2026
LIHEAP heating, cooling and crisis help. 800-383-4278 for shut-off emergencies. Source

Omaha Public Power District (OPPD) · Oct 7, 2026
Public power district for the Omaha area; its board sets rates and has a Large Load Request Policy for big new customers. Source

Nebraska Public Power District (NPPD) · Oct 7, 2026
Public power district; has a New Load Process and deposit for big new customers. Source

Lincoln Electric System (LES) · Oct 7, 2026
City-owned utility in Lincoln with a special rate for customers of 20 megawatts or more. Source