Sales and Use Tax Exemption for Community Renewable Energy Projects

Note: Enacted March 2015, L.B. 412 created the following requirement: "To the extent feasible, a C-BED project developer shall provide, in writing, notice of incentives pursuant to the Rural Community-Based Energy Development Act for local ownership and local participation in a C-BED project to each property owner on whose property a turbine will be located and to the elected governing body of each municipality or political subdivision in which a turbine will be located."

In May 2007 Nebraska established an exemption from the sales and use tax imposed on the gross receipts from the sale, lease, or rental of personal property for use in a community-based energy development (C-BED) project. Nebraska also enacted the Rural Community-Based Energy Development Act (L.B. 629) to authorize and encourage electric utilities to enter into power purchase agreements with C-BED project developers.

To claim the exemption, filing requirements imposed by the Tax Commissioner must be met.

Eligible Projects

A C-BED project is defined as a new energy generation project using wind, solar, biomass, or landfill gas as the fuel source that has at least 25% of the gross power purchase agreement payments flowing to the qualified owner or owners or as payments to the local community and has a resolution of support adopted by the county board of each county in which the C-BED project is located or by the tribal council for a C-BED project located within the boundaries of an Indian reservation.

“Payments to the local community” include, but are not limited to, lease and easement payments part of a C-BED project; contract payments to Nebraska companies that meet specific statutory requirements for services, materials, equipment, and components necessary to permit or construct the C-BED project; other parts, materials, or components that are manufactured, assembled, or fabricated in Nebraska not included above.

Qualified Project Owners

A qualified C-BED project owner means:

• a Nebraska resident;
• a limited liability company that is organized under the Limited Liability Company Act and that is entirely made up of members who are Nebraska residents;
• a Nebraska nonprofit corporation;
• an electric supplier(s), subject to certain limitations for a single C-BED project;
• a tribal council;
• a domestic corporation domiciled in Nebraska; or
• a cooperative corporation domiciled in Nebraska