On Tuesday, June 4, Nebraska Governor Dave Heineman signed LB 104, a bill designed to stimulate wind energy production in Nebraska by offering sales tax breaks under the Nebraska Advantage Act to companies that invest at least $20 million in a renewable energy project. Introduced by Omaha Senator Steve Lathrop, the bill is intended to remove a barrier to the development and export of wind energy in Nebraska by providing a sales tax exemption for the purchase of turbines, towers, and other wind farm equipment. Similar sales tax breaks are already offered in neighboring states such as Iowa, Kansas, and Oklahoma, all of which have thus far outpaced Nebraska in wind energy development.

Supporters of the bill said the state needed to act immediately to develop its wind resources because federal production tax credits are set to expire at the end of the year. Combined with the sales tax breaks in the bill, proponents are hopeful the bill will lead to a wind energy boom in Nebraska. Currently, Nebraska has the fourth-best wind resources in the country, but ranks 26th out of the 39 states that generate wind energy.

Fraser Stryker is a leader in renewable energy law. The Firm represents clients in a variety of renewable energy projects, including wind energy developments, geothermal projects, biofuels, nuclear, waste-to-energy projects, and power purchase agreements (PPAs). The Firm was involved in the drafting of Nebraska’s Community-Based Energy De­velopment (C-BED) legislation and has represented utilities, developers, lenders, and landowners in a variety of renewable energy projects and transactions. For more information, please contact one of the members of the Firm’s Renewable Energy Practice Group:

Stephen M. Bruckner
Mark L. Brasee
Thomas F. Flaherty
Troy F. Meyerson
Robert W. Rieke
Russell A. Westerhold
Paul J. Halbur

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