Bill would designate city-owned mid-sized electric facilities as separate emitters

Mid-sized electric generation facilities owned by municipalities would be considered as separate air pollution emitters under a bill debated on general file March 29.

Under the Nebraska Clean Air Act, facilities that produce certain emissions are required to pay a per ton fee to the state Department of Environmental Quality. There are two caps on emission fees paid: 400 tons for mid-sized electric generating facilities and 4,000 tons for large facilities.

LB156, introduced by Hastings Sen. Dennis Utter, would expand the definition of mid-sized electric generating facility so facilities that are permitted with another general unit larger than 115 megawatts under separate ownership would be considered a separate emission source for the purpose of paying emission fees.

Utter said the bill would prevent the electric generation facility in Hastings from being considered a large facility. A new 220-megawatt plant owned by a partnership of cities and public power entities will be operated jointly with the mid-sized Hastings facility and could require the smaller generator to pay fees under the higher cap, he said.

“This means that customers of the Hastings electric utility will pay emission fees higher than the emission fees paid by customers of other utilities,” Utter said.

Lawmakers voted 29-0 to advance LB156 to general file.