Nebraska 2025 2025-2026 Regular Session

Nebraska Legislature Bill LB526 Introduced / Fiscal Note

Filed 02/11/2025

                    PREPARED BY: John Wiemer 
LB 526 DATE PREPARED: February 10, 2025 
PHONE: 	402-471-0051 
    
Revision: 00  
  FISCAL NOTE 
 	LEGISLATIVE FISCAL ANALYST ESTIMATE 
 
ESTIMATE OF FISCAL IMPACT – STATE AGENCIES 	(See narrative for political subdivision estimates) 
 	FY 2025-26 	FY 2026-27 
EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 	$59,900 $8,997,000 	$56,800 $13,923,000 
CASH FUNDS     
FEDERAL FUNDS     
OTHER FUNDS     
TOTAL FUNDS 	$59,900 $8,997,000 	$56,800 $13,923,000 
 
Any Fiscal Notes received from state agencies and political subdivisions are attached following the Legislative Fiscal Analyst Estimate. 
 
LB 526 provides that public power districts may require direct payment or a letter of credit from cryptocurre	ncy mining operations for the 
cost of significant infrastructure upgrades necessitat ed by such operations and may impose terms and conditions on such 
cryptocurrency mining operations. Such prepayment or financial assurances or terms and condit ions may be required or imposed for 
any facility that used energy for cryptocurrency mining. Direct payments, letters of credit, and terms and conditions required or imposed 
shall be fair , reasonable, and not unduly discriminatory. Before any direct payment	, letter of credit, or terms and conditions are required 
or imposed, the public power district shall conduct an independent grid impact study to determine the cost of significant infrastructure 
upgrades necessitated by the cryptocurrency mining operation a	nd the d irect payment, letter of credit, or terms and conditions required 
or imposed. 
 
The bill levies and imposes an excise tax of 2.5 cents per kilowatt hour on the energy used by cryptocurrency mining operations to 
conduct cryptocurrency mining in excess of 1,000 kilowatt hours in a calendar year.  
 
The tax shall: 
• Not apply to data processing centers, cloud computing, or any other industrial or commercial entities not engaged in 
cryptocurrency mining; 
• Be paid by the cryptocurrency min ing operation and en	forced by the Department of Revenue (DOR); and 
• Be fair, reasonable, and not unduly discriminatory. 
 
The excise tax shall be due and payable to the DOR monthly on or before the 20
th
 day of the month next succeeding each mon	thly 
period. All these excise taxes collected by the DOR shall be credited to the General Fund. 
 
The bill becomes operative on October 1, 2025. 
 
The DOR estimates the following increase to General Fund revenues as a result of this bill: 
• FY26: $8,997,000 
• FY27: $13,923,000 
• FY28: $14,365,000 
• FY29: $14,821,000 
 
The DOR also estimates the need to hire 0.5 FTE IT Applications Developer	-Senior as a result of the bill. 
 
There is no basis to disagree wit h these estimates by the DOR. 
 
 
ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB: 526               AM:                                    AGENCY/POLT. SUB: Department of Revenue 
REVIEWED BY:  	Ryan Yang                     DATE:  2/10/2025                                           	PHONE: (402) 471-4178 
COMMENTS: The Department of Revenue assessment of fiscal impact from LB 526 appears reasonable. 
   ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE 
LB:  526      AM:       AGENCY/POLT. SUB: Metropolitan Utilities District of Omaha
REVIEWED BY:  Ryan Yang       DATE:  1/28/2025  PHONE: (402) 471-4178
COMMENTS: No basis to disagree with the Metropolitan Utilities District of Omaha assessment of no fisca	l impact 
from LB 526.  LB 0526 	Fiscal Note 2025 
State Agency Estimate 
State Agency Name: Department of Revenue 	Date Due LFO: 
Approved by: James R. Kamm 	Date Prepared: 02/10/2025 	Phone: 471-5896 
FY 2025-2026 	FY 2026-2027 	FY 2027-2028 
Expenditures Revenue Expenditures Revenue Expenditures Revenue 
General Funds 	$59,900 $   8,997,000 $56,800 $ 13,923,000 $56,800 $ 14,365,000 
Cash Funds 
Federal Funds 
Other Funds 
Total Funds 	$59,900 $   8,997,000 $56,800 $ 13,923,000 $56,800 $ 14,365,000 
Major Objects of Expenditure 
25-26 26-27 27-28 25-26 26-27 27-28 
Class Code 	Classification Title 	FTE FTE FTE Expenditures Expenditures Expenditures 
A07012 
Information Technology Applications 
Developer/Senior 
0.5 0.5 0.5 $41,300 $42,700 $42,700 
Benefits…………………………………………………………………………………………………………. $13,600 $14,100 $14,100 
Operating Costs…………………………………………………………………………………………………. 
Travel…………………………………………………………………………………………………………… 
Capital Outlay…………………………………………………………………………………………………... $5,000 
Capital Improvements…………………………………………………………………………………………... 
Total……………………………………………………………………………………………………………. $59,900 $56,800 $56,800 
LB 526 levies and imposes an excise tax of two and one-half cents ($0.025) per kilowatt hour on the energy used 
by cryptocurrency mining operations to conduct cryptocurrency mining in excess of 1,000 kilowatt hours in a 
calendar year, beginning October 1
st
 2025. The tax is due and payable to the Department of Revenue (DOR) 
monthly on or before the 20
th
 day of the month.  
Cryptocurrency mining is defined as a process to generate new cryptocurrency and verify blockchain transactions. 
Cryptocurrency mining operations means any entity that conducts cryptocurrency mining.  
This tax does not apply to data processing centers, cloud computing, or any other industrial or commercial entities 
not engaged in cryptocurrency mining. The tax must be paid by the cryptocurrency mining operation; fair, 	reasonable, and not unduly discriminatory; and enforced by DOR. All taxes collected by DOR will be remitted to 	the State Treasurer for credit to the General Fund.  
DOR may adopt and promulgate rules and regulations.  
The estimated fiscal impact for LB 526 on the General Fund revenues are as follows: 
FY25-26  $   8,997,000 
FY26-27  $ 13,923,000 
FY27-28  $ 14,365,000 
FY28-29  $ 14,821,000 
DOR will need to hire 0.5 FTE IT Application Developer – 	Senior Level to add a new tax program into the 
General Processing System and integrate with Business Automated Collection System.   Please complete ALL (5) blanks in the first three lines. 	2025 
LB
(1) 526 	FISCAL NOTE 
 
State Agency OR Political Subdivision Name: 
(2) 
Metropolitan Utilities District of Omaha 
 
Prepared by: 
(3) Mark Myers 	Date Prepared: 
(4)
 01-24-2025 Phone: 
(5)
 402-504-7174 
 
                                           ESTIMATE PROVIDED BY STATE AGENCY OR POLITICAL SUBDIVISION  
                                
 	FY 2025-26 	FY 2026-27 
 EXPENDITURES REVENUE EXPENDITURES REVENUE 
GENERAL FUNDS 
 
    
 
CASH FUNDS 
 
    
 
FEDERAL FUNDS 
 
    
 
OTHER FUNDS 
 
    
 
TOTAL FUNDS 
 
$0   $0  
 
 Explanation of Estimate: 
 
Since the Metropolitan Utilities District of Omaha is not a public power district, LB526 is not expected to have a 
financial impact to the District. 
 
 
 
 
 
 
 
 
 
 
 
_____________________________________________________________________________________________________ 	_ 
BREAKDOWN BY MAJOR OBJECTS OF EXPENDITURE 
Personal Services:      
POSITION TITLE 
NUMBER OF POSITIONS 
25-26               26-27 
2025-26 
EXPENDITURES 
2026-27 
EXPENDITURES 
   
   
Benefits………………………………...……    
Operating…………………………...……….    
Travel………………………………………..    
Capital outlay…………………...…………..    
Aid…………………………………………...    
Capital improvements……………………...    
      TOTAL……………………………… .....   $0  $0