Nebraska Revised Statute 23-118

Chapter 23

23-118.

Electric generation facility; site selection; contract approval; county board; duties.

(1) For purposes of this section:

(a) Immediate family member means a child residing in an official's household, the spouse of an official, or an individual claimed by an official or the official's spouse as a dependent for federal income tax purposes; and

(b) Official means a member of a county board or a member of a county planning commission.

(2) When the construction of any new electric generation facility is being considered within a county, prior to project site selection for the facility or approval of any contract by the county related to the facility, the county board shall:

(a) Conduct a public meeting announcing the proposed project; and

(b) If any official involved in the selection of such project site or approval of such contract or an immediate family member of such official holds, directly or indirectly, a financial interest in such facility, or in the ownership or lease of the property within the county where such facility will be constructed:

(i) Publish notice of the official's financial interest and whether such official has indicated his or her intent to vote to select such project site or approve such contract; and

(ii) Within ninety days after the publication of such notice, hold a public meeting regarding the official's intention to vote to select such project site or approve such contract.

(3)(a) This section shall not affect the validity of any contract or apply to the ownership or lease of any property existing on March 12, 2024.

(b) This section shall not affect any conflict-of-interest provisions of the Nebraska Political Accountability and Disclosure Act.

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