Sen. Jason Prokop’s bill would clarify rules for private battery storage; public power urges caution

Sen. Jason Prokop, sponsor of LB349, told the Nebraska Natural Resources Committee that the bill would “provide regulatory certainty to support property tax paying investment in Nebraska” by codifying how electric energy storage resources, or ESRs, are treated under state law. He said LB349 would confirm that the Nebraska Power Review Board has jurisdiction over ESRs and would protect private, stand‑alone storage from eminent domain claims.

Supporters told senators that utility‑scale batteries store low‑cost off‑peak energy and discharge it at peak, lowering overall market prices and improving grid reliability. “ESRs are critical to support economic development and strengthen the electric grid,” said Jason Prokop, Senator, Legislative District 27. Eric Stoutenburg, Director of Energy Storage for developer Eolian, said storage can cut peak prices and cited Texas as an example where private and utility storage have driven down prices and attracted investment.

Why it matters: proponents argue the bill would unlock private financing, produce local tax revenue and create construction and a few permanent jobs; opponents — public power utilities and the Nebraska Power Review Board — say the bill, as drafted, could remove needed oversight, add unstudied…