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2026 Op. Neb. Att'y Gen. 1 (2026)

handle is hein.sag/sagne2026 and id is 1 raw text is: DEPT OF JUSTICE STATE OF NEBRASKA OFFICIAL FEB 0 6 2026 NEBRASKA DEPARTMENT OF JUSTICE MICHAEL T. HILGERS Opinion No. 26-001 - February 6, 2026 OPINION FOR SENATOR PAUL STROMMEN Are Livestock Feeding Facilities Industrial or Commercial Installations For Purposes of the State Electrical Act Summary: The regulatory provisions of the State Electrical Act apply to industrial and commercial installations, but do not apply to non-industrial, non-commercial farm property. Poultry feeder buildings and other similar livestock feeding facilities are engaged in quintessentially agricultural activity. That makes them farm property exempted from the Electrical Act, not industrial or commercial installations subject to it. You have asked whether poultry feeder buildings and other similarly situated livestock feeding facilities qualify as commercial or industrial installations for purposes of the State Electrical Act, Neb. Rev. Code § 81- 2121 et seq., and, if they are so classified. what legislative changes (if any) would be necessary to cause them to instead qualify as farm property.I This classification I It is the longstanding policy of this office that members of the Legislature can request an opinion for valid legislative purposes only. Op. Att'y Gen. No. 85-157 (December 20, 1985). As such, it hasbeen and continues tobe thepolicyoftheAttorney General that we issue legal opinions to state legislators which pertain only to pending or proposed legislation. Id.; see also Op. Att'y Gen. No. 21- 006 (April 16, 2021) (reiterating this policy and identifying two narrow exceptions theroto). While your opinion request was not accompanied by proposed legislative language or draft legislation, it nevernheless falls within the bounds of valid logislative purposes insofar as it sought guidance as to what drafting choices would be needed to effectuate a particular, clearly identified legislative goal.