BEATRICE - A Nebraska lawmaker wants to allow counties to seek a designation of, "American energy friendly".

Under Lincoln Senator Carolyn Bosn's LB503, a county board could apply to the state Department of Revenue for the designation. A board also could submit the question of whether to apply, to voters. County regulations would have to meet setback, sound, height, decommissioning and other requirements related to privately developed renewable energy generation facilities.

A county would have to permit the facilities by right in all zoning areas that allow structures of any type by right and could not require a conditional use permit.  The owner of a facility operating in an American energy friendly county would pay a nameplate capacity tax of 1.5 times the rate set for other renewable generation facilities, currently at $3,518 per megawatt.

Bosn said the measure is intended to reduce property taxes by generating more revenue for counties that receive the designation.  She said there would be no requirement for a county to become American energy friendly.

An Omaha attorney who represents wind and solar energy developers, David Levy testified in support of the bill. He says the designation would help attract investment to rural Nebraska communities.  Al Davis of the Nebraska chapter of the Sierra Club said that easing the permitting process for renewable energy development could help end “divisive zoning hearings, which have torn apart many Nebraska communities and shut down worthy projects based on fictional claims with no scientific basis".

An opponent, Sandy Hermesch said the bill would prevent local input and control over the siting of projects, such as a utility-scale solar facility in southern Lancaster County.  Gregory Kratz of Fairbury said many Nebraska counties recently have adopted more restrictive zoning regulations related to renewable energy development than those outlined in LB 503.  He feels the bill tries to bypass the democratic process of applying for special use permits and silences the voices of the people who have to live with the structures on a daily basis.

Jon Cannon testified on behalf of the Nebraska Association of County Officials and said county officials prefer the designation be sought by counties, only after holding an election.