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| 1 | + | Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 527Introduced by Assembly Member Papan(Coauthor: Assembly Member Rogers)February 10, 2025 An act to amend Section 21065.5 of, and to add Section 3715.6 to 21080.67 to, the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 527, as amended, Papan. California Environmental Quality Act: geothermal exploratory projects.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law defines geothermal exploratory project in part as a project composed of not more than 6 wells and associated drilling and testing equipment whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources.This bill would provide that a geothermal exploratory project, as defined, that the lead agency determines meets specified criteria is conclusively presumed to have satisfied the requirements of CEQA for the geothermal exploratory project, including to support the issuance of any permit, funding, or other approval by a state or local agency, as provided. The bill would require, for a project undertaken by a private entity that satisfies the requirements of CEQA pursuant to this provision, the project applicant to certify to the lead agency that either the entirety of the project is a public work or that certain prevailing wage requirements are satisfied. This bill provides that geothermal exploratory project includes, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exempt geothermal exploratory projects that meet specified conditions from CEQA. The bill would require the lead agency, at least 30 days before the making the determination to approve or carry out a change in use pursuant to this section, to post a written notice on its internet website and at the project site.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half of land in California. This has the potential to exacerbate the perceived favorability of those states regulatory environments and drive more development aimed at supplying the California market out of California.(g) California must take an active role in ensuring that new geothermal energy projects built to supply the California market lead to investment and job creation in California and do not lead to the export of investment, industry knowledge, and the California geothermal, oil, and gas workforce to neighboring states.(h) Next-generation geothermal energy development presents a significant opportunity to attract investment capital and realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained construction workforce to carry out projects, long-term apprenticeship and job creation, and the development of a next-generation geothermal energy supply chain.(i) California launched the global revolution in conventional geothermal technologies in the 20th century. It has the geologic resources, workforce, and clean energy economy to do so again in the 21st century if decisive state action is taken today. The National Renewable Energy Laboratory estimates that there could be 27.9 gigawatts of development of next-generation geothermal resources in California by 2050over double that of any other state.(j) Aligning state law with forward-thinking federal policy on geothermal exploration is a critical component of building a strong geothermal energy economy in California.SEC. 2. Section 21065.5 of the Public Resources Code is amended to read:21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities.SEC. 2.Section 3715.6 is added to the Public Resources Code, to read:3715.6.(a)ASEC. 3. Section 21080.67 is added to the Public Resources Code, to read:21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 527Introduced by Assembly Member Papan(Coauthor: Assembly Member Rogers)February 10, 2025 An act to amend Section 21065.5 of, and to add Section 3715.6 to 21080.67 to, the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 527, as amended, Papan. California Environmental Quality Act: geothermal exploratory projects.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law defines geothermal exploratory project in part as a project composed of not more than 6 wells and associated drilling and testing equipment whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources.This bill would provide that a geothermal exploratory project, as defined, that the lead agency determines meets specified criteria is conclusively presumed to have satisfied the requirements of CEQA for the geothermal exploratory project, including to support the issuance of any permit, funding, or other approval by a state or local agency, as provided. The bill would require, for a project undertaken by a private entity that satisfies the requirements of CEQA pursuant to this provision, the project applicant to certify to the lead agency that either the entirety of the project is a public work or that certain prevailing wage requirements are satisfied. This bill provides that geothermal exploratory project includes, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exempt geothermal exploratory projects that meet specified conditions from CEQA. The bill would require the lead agency, at least 30 days before the making the determination to approve or carry out a change in use pursuant to this section, to post a written notice on its internet website and at the project site.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly April 10, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly April 10, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly April 10, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 527 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member Papan(Coauthor: Assembly Member Rogers)February 10, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Papan(Coauthor: Assembly Member Rogers) | |
| 21 | 18 | February 10, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to amend Section 21065.5 of, and to add Section 21080.67 to, the Public Resources Code, relating to environmental quality. | |
| 20 | + | An act to amend Section 21065.5 of, and to add Section 3715.6 to 21080.67 to, the Public Resources Code, relating to environmental quality. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | 26 | AB 527, as amended, Papan. California Environmental Quality Act: geothermal exploratory projects. | |
| 32 | 27 | ||
| 33 | - | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law | |
| 28 | + | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law defines geothermal exploratory project in part as a project composed of not more than 6 wells and associated drilling and testing equipment whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources.This bill would provide that a geothermal exploratory project, as defined, that the lead agency determines meets specified criteria is conclusively presumed to have satisfied the requirements of CEQA for the geothermal exploratory project, including to support the issuance of any permit, funding, or other approval by a state or local agency, as provided. The bill would require, for a project undertaken by a private entity that satisfies the requirements of CEQA pursuant to this provision, the project applicant to certify to the lead agency that either the entirety of the project is a public work or that certain prevailing wage requirements are satisfied. This bill provides that geothermal exploratory project includes, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exempt geothermal exploratory projects that meet specified conditions from CEQA. The bill would require the lead agency, at least 30 days before the making the determination to approve or carry out a change in use pursuant to this section, to post a written notice on its internet website and at the project site. | |
| 34 | 29 | ||
| 35 | 30 | The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. | |
| 36 | 31 | ||
| 37 | - | Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law | |
| 32 | + | Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of those wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources, as provided. Existing law requires the division to be the lead agency for all geothermal exploratory projects for purposes of CEQA, as specified, and authorizes the division to delegate its lead agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan. Existing law defines geothermal exploratory project in part as a project composed of not more than 6 wells and associated drilling and testing equipment whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources. | |
| 38 | 33 | ||
| 39 | - | This bill | |
| 34 | + | This bill would provide that a geothermal exploratory project, as defined, that the lead agency determines meets specified criteria is conclusively presumed to have satisfied the requirements of CEQA for the geothermal exploratory project, including to support the issuance of any permit, funding, or other approval by a state or local agency, as provided. The bill would require, for a project undertaken by a private entity that satisfies the requirements of CEQA pursuant to this provision, the project applicant to certify to the lead agency that either the entirety of the project is a public work or that certain prevailing wage requirements are satisfied. | |
| 40 | 35 | ||
| 41 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 42 | 36 | ||
| 43 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | + | ||
| 38 | + | This bill provides that geothermal exploratory project includes, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exempt geothermal exploratory projects that meet specified conditions from CEQA. The bill would require the lead agency, at least 30 days before the making the determination to approve or carry out a change in use pursuant to this section, to post a written notice on its internet website and at the project site. | |
| 44 | 39 | ||
| 45 | 40 | ## Digest Key | |
| 46 | 41 | ||
| 47 | 42 | ## Bill Text | |
| 48 | 43 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half one-half | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half of land in California. This has the potential to exacerbate the perceived favorability of those states regulatory environments and drive more development aimed at supplying the California market out of California.(g) California must take an active role in ensuring that new geothermal energy projects built to supply the California market lead to investment and job creation in California and do not lead to the export of investment, industry knowledge, and the California geothermal, oil, and gas workforce to neighboring states.(h) Next-generation geothermal energy development presents a significant opportunity to attract investment capital and realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained construction workforce to carry out projects, long-term apprenticeship and job creation, and the development of a next-generation geothermal energy supply chain.(i) California launched the global revolution in conventional geothermal technologies in the 20th century. It has the geologic resources, workforce, and clean energy economy to do so again in the 21st century if decisive state action is taken today. The National Renewable Energy Laboratory estimates that there could be 27.9 gigawatts of development of next-generation geothermal resources in California by 2050over double that of any other state.(j) Aligning state law with forward-thinking federal policy on geothermal exploration is a critical component of building a strong geothermal energy economy in California.SEC. 2. Section 21065.5 of the Public Resources Code is amended to read:21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities.SEC. 2.Section 3715.6 is added to the Public Resources Code, to read:3715.6.(a)ASEC. 3. Section 21080.67 is added to the Public Resources Code, to read:21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 50 | 45 | ||
| 51 | 46 | The people of the State of California do enact as follows: | |
| 52 | 47 | ||
| 53 | 48 | ## The people of the State of California do enact as follows: | |
| 54 | 49 | ||
| 55 | - | SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half | |
| 50 | + | SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half of land in California. This has the potential to exacerbate the perceived favorability of those states regulatory environments and drive more development aimed at supplying the California market out of California.(g) California must take an active role in ensuring that new geothermal energy projects built to supply the California market lead to investment and job creation in California and do not lead to the export of investment, industry knowledge, and the California geothermal, oil, and gas workforce to neighboring states.(h) Next-generation geothermal energy development presents a significant opportunity to attract investment capital and realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained construction workforce to carry out projects, long-term apprenticeship and job creation, and the development of a next-generation geothermal energy supply chain.(i) California launched the global revolution in conventional geothermal technologies in the 20th century. It has the geologic resources, workforce, and clean energy economy to do so again in the 21st century if decisive state action is taken today. The National Renewable Energy Laboratory estimates that there could be 27.9 gigawatts of development of next-generation geothermal resources in California by 2050over double that of any other state.(j) Aligning state law with forward-thinking federal policy on geothermal exploration is a critical component of building a strong geothermal energy economy in California. | |
| 56 | 51 | ||
| 57 | - | SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half | |
| 52 | + | SECTION 1. The Legislature finds and declares all of the following:(a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands.(b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment.(c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come.(d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers.(e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California.(f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half of land in California. This has the potential to exacerbate the perceived favorability of those states regulatory environments and drive more development aimed at supplying the California market out of California.(g) California must take an active role in ensuring that new geothermal energy projects built to supply the California market lead to investment and job creation in California and do not lead to the export of investment, industry knowledge, and the California geothermal, oil, and gas workforce to neighboring states.(h) Next-generation geothermal energy development presents a significant opportunity to attract investment capital and realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained construction workforce to carry out projects, long-term apprenticeship and job creation, and the development of a next-generation geothermal energy supply chain.(i) California launched the global revolution in conventional geothermal technologies in the 20th century. It has the geologic resources, workforce, and clean energy economy to do so again in the 21st century if decisive state action is taken today. The National Renewable Energy Laboratory estimates that there could be 27.9 gigawatts of development of next-generation geothermal resources in California by 2050over double that of any other state.(j) Aligning state law with forward-thinking federal policy on geothermal exploration is a critical component of building a strong geothermal energy economy in California. | |
| 58 | 53 | ||
| 59 | 54 | SECTION 1. The Legislature finds and declares all of the following: | |
| 60 | 55 | ||
| 61 | 56 | ### SECTION 1. | |
| 62 | 57 | ||
| 63 | 58 | (a) On October 22, 2024, the United States Department of the Interior, under the leadership of President Joseph Biden and Secretary of the Interior Deb Haaland, introduced a new categorical exclusion from the National Environmental Policy Act for geothermal resource confirmation activities, also known as geothermal exploratory projects, on federal lands. | |
| 64 | 59 | ||
| 65 | 60 | (b) This exclusion reflects a recognition that geothermal exploratory projects are temporary activities that, when meeting a high standard of environmental care and stewardship, should result in no permanent negative impacts on the environment. | |
| 66 | 61 | ||
| 67 | 62 | (c) Geothermal exploration is the necessary first phase of developing new geothermal energy resources, including next-generation geothermal energy resources like advanced closed-loop and enhanced geothermal systems. California markets feature a very high demand for geothermal energy, in part driven by Public Utilities Commission decisions 21-06-035 (June 24, 2021), Decision Requiring Procurement to Address Mid-Term Reliability (2023-2026), and 24-08-064 (August 22, 2024), Decision Determining Need for Centralized Procurement of Long Lead-Time Resources, which directed Californias load-serving entities and the Department of Water Resources to procure significant amounts of new geothermal energy over the years to come. | |
| 68 | 63 | ||
| 69 | 64 | (d) The resource portfolios identified by the Public Utilities Commission to meet state climate goals are increasingly relying on out-of-state next-generation geothermal energy development, which both put Californias climate goals at risk and establishes an unnecessary but permanent export of wealth by California ratepayers. | |
| 70 | 65 | ||
| 71 | 66 | (e) The first commercial-scale next-generation geothermal energy resources are currently under development in Nevada and Utah due to those states favorable regulatory environments, but nearly all of that energy is anticipated to be sold to buyers in California. | |
| 72 | 67 | ||
| 73 | - | (f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than | |
| 68 | + | (f) Over 80 percent of Nevada and over 60 percent of Utah are federal lands where the categorical exclusion will apply, as compared to less than half of land in California. This has the potential to exacerbate the perceived favorability of those states regulatory environments and drive more development aimed at supplying the California market out of California. | |
| 74 | 69 | ||
| 75 | 70 | (g) California must take an active role in ensuring that new geothermal energy projects built to supply the California market lead to investment and job creation in California and do not lead to the export of investment, industry knowledge, and the California geothermal, oil, and gas workforce to neighboring states. | |
| 76 | 71 | ||
| 77 | 72 | (h) Next-generation geothermal energy development presents a significant opportunity to attract investment capital and realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained construction workforce to carry out projects, long-term apprenticeship and job creation, and the development of a next-generation geothermal energy supply chain. | |
| 78 | 73 | ||
| 79 | 74 | (i) California launched the global revolution in conventional geothermal technologies in the 20th century. It has the geologic resources, workforce, and clean energy economy to do so again in the 21st century if decisive state action is taken today. The National Renewable Energy Laboratory estimates that there could be 27.9 gigawatts of development of next-generation geothermal resources in California by 2050over double that of any other state. | |
| 80 | 75 | ||
| 81 | 76 | (j) Aligning state law with forward-thinking federal policy on geothermal exploration is a critical component of building a strong geothermal energy economy in California. | |
| 82 | 77 | ||
| 83 | - | SEC. 2. Section 21065.5 of the Public Resources Code is amended to read:21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to | |
| 78 | + | SEC. 2. Section 21065.5 of the Public Resources Code is amended to read:21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. | |
| 84 | 79 | ||
| 85 | 80 | SEC. 2. Section 21065.5 of the Public Resources Code is amended to read: | |
| 86 | 81 | ||
| 87 | 82 | ### SEC. 2. | |
| 88 | 83 | ||
| 89 | - | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to | |
| 84 | + | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. | |
| 90 | 85 | ||
| 91 | - | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to | |
| 86 | + | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. | |
| 92 | 87 | ||
| 93 | - | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to | |
| 88 | + | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. | |
| 94 | 89 | ||
| 95 | - | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to before commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. | |
| 96 | 90 | ||
| 97 | - | ###### 21065.5. | |
| 98 | 91 | ||
| 99 | - | SEC. 3. Section 21080.67 is added to the Public Resources Code, to read:21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, for which a county is the lead agency pursuant to Section 3715.5, including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the The project do not collectively does not disturb more than five 20 acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical Identified habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b)This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of subdivision (a), if the (8) The project applicant certifies has certified to the lead agency that either of the following is true:(1)(A) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2)(B) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, subparagraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A)(i) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B)(ii) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c)(b) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 92 | + | 21065.5. Geothermal exploratory project means a project as defined in Section 21065 composed of not more than six wells and associated drilling and testing equipment, including equipment and activities necessary to establish interconnectivity between wells and reservoirs, roads, electric distribution lines, and infrastructure to provide power for drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least one-half mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (a)A | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | SEC. 3. Section 21080.67 is added to the Public Resources Code, to read:21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 100 | 103 | ||
| 101 | 104 | SEC. 3. Section 21080.67 is added to the Public Resources Code, to read: | |
| 102 | 105 | ||
| 103 | 106 | ### SEC. 3. | |
| 104 | 107 | ||
| 105 | - | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, | |
| 108 | + | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 106 | 109 | ||
| 107 | - | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, | |
| 110 | + | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 108 | 111 | ||
| 109 | - | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, | |
| 112 | + | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions:(1) The project does not include the production of geothermal resources in commercial quantities.(2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground.(3) The projects footprint does not include any of the following:(A) Wetlands.(B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings.(C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.(6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource.(7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code.(b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true:(1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply:(A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.(B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.(c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 110 | 113 | ||
| 111 | - | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, for which a county is the lead agency pursuant to Section 3715.5, including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions: | |
| 112 | 114 | ||
| 113 | - | ###### 21080.67. | |
| 115 | + | ||
| 116 | + | 21080.67. (a) This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, that the lead agency determines meets the criteria of the categorical exclusion described in pages 84380 to 84383, inclusive, of Volume 89, Number 204 of the Federal Register (89 FR 84380) published on October, 22, 2024, shall be conclusively presumed to have satisfied the requirements of Division 13 (commencing with Section 21000) for that geothermal exploratory project, including to support the issuance of including any permit, funding, or other approval by a state or local agency for the geothermal exploratory project. project as may be required by this division, if the lead agency determines that the geothermal exploratory project meets all of the following conditions: | |
| 114 | 117 | ||
| 115 | 118 | (1) The project does not include the production of geothermal resources in commercial quantities. | |
| 116 | 119 | ||
| 117 | - | (2) Any well pads associated with the | |
| 120 | + | (2) Any well pads associated with the project do not collectively disturb more than five acres of previously undisturbed ground. | |
| 118 | 121 | ||
| 119 | 122 | (3) The projects footprint does not include any of the following: | |
| 120 | 123 | ||
| 121 | 124 | (A) Wetlands. | |
| 122 | 125 | ||
| 123 | 126 | (B) Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings. | |
| 124 | 127 | ||
| 125 | 128 | (C) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. | |
| 126 | 129 | ||
| 127 | - | (D) Critical | |
| 130 | + | (D) Critical habitat for species of special status identified by state or federal agencies, including fully protected species designated by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). | |
| 128 | 131 | ||
| 129 | 132 | (E) Lands with a conservation easement unless determined consistent with the terms or requirements of the easement. | |
| 130 | 133 | ||
| 131 | 134 | (4) Unusual circumstances do not exist that would cause the project to have a significant impact on the environment. | |
| 132 | 135 | ||
| 133 | 136 | (5) The project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code. | |
| 134 | 137 | ||
| 135 | 138 | (6) The project will not cause a substantial adverse change in the significance of a historical resource or a tribal cultural resource. | |
| 136 | 139 | ||
| 137 | 140 | (7) The project includes full reclamation of all well pads, temporary routes, and other disturbances, including the reestablishment of vegetative cover with native plants, unless those disturbances are incorporated into a subsequent geothermal field development project, as defined in Section 65928.5 of the Government Code. | |
| 138 | 141 | ||
| 139 | - | (b)This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of subdivision (a), if the | |
| 142 | + | (b) For a This division does not apply to geothermal exploratory project undertaken by a private entity that satisfies the requirements of Division 13 (commencing with Section 21000) pursuant to subdivision (a), if the project applicant shall certify certifies to the lead agency that either of the following is true: | |
| 140 | 143 | ||
| 141 | - | ( | |
| 144 | + | (1) The entirety of the geothermal exploratory project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. | |
| 142 | 145 | ||
| 143 | - | ( | |
| 146 | + | (2) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, then, for those portions of the project that are not a public work, both of the following shall apply: | |
| 144 | 147 | ||
| 145 | - | (A) The | |
| 148 | + | (A) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. | |
| 146 | 149 | ||
| 147 | - | ( | |
| 150 | + | (B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. | |
| 148 | 151 | ||
| 149 | - | (B) If the geothermal exploratory project is not in its entirety a public work, all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the geothermal exploratory project is subject to this paragraph, subparagraph, then, for those portions of the project that are not a public work, both of the following shall apply: | |
| 150 | - | ||
| 151 | - | (A) | |
| 152 | - | ||
| 153 | - | (i) The project applicant shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. | |
| 154 | - | ||
| 155 | - | (B) | |
| 156 | - | ||
| 157 | - | (ii) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. | |
| 158 | - | ||
| 159 | - | (c) | |
| 160 | - | ||
| 161 | - | (b) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. | |
| 162 | - | ||
| 163 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 164 | - | ||
| 165 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 166 | - | ||
| 167 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 168 | - | ||
| 169 | - | ### SEC. 4. | |
| 152 | + | (c) At least 30 days before making a determination to approve or carry out a change in use pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption on its internet website and at the project site. |