BILL NUMBER: SB 1074 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hueso
FEBRUARY 16, 2016
An act to amend Section Sections 3823 and
25463 of the Public Resources Code, relating to energy, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1074, as amended, Hueso. Energy: Federal Trust Fund.
Fund: geothermal projects.
Existing law requires that all revenues received by the state
pursuant to specified federal laws be deposited in the Geothermal
Resources Development Account and continuously appropriated as
specified. Existing law requires some of those revenues to be
disbursed to counties in which the federal government has leased land
for geothermal development and another portion of those revenues to
be available for distribution by the State Energy Resources
Conservation and Development Commission (Energy Commission) as grants
or loans made to local jurisdictions or private entities. Existing
law specifies purposes primarily relating to geothermal energy
development and mitigation for which recipients may expend these
moneys.
This bill would additionally authorize those recipients to expend
those revenues to undertake projects to recover lithium, metals,
agricultural products, and other beneficial minerals from highly
mineralized geothermal brines at existing geothermal facilities that
are in disadvantaged communities and provide local employment
opportunities.
Existing law authorizes the State Energy
Resources Conservation and Development Commission
to administer funds appropriated by the federal American Recovery and
Reinvestment Act of 2009 (federal act) for the federal Energy
Efficiency and Conservation Block Grant Program to award contracts,
grants, and loans for energy-related projects.
This bill would, for the fiscal year 2016-17,
2016- 17 fiscal year, appropriate to the commission
$13,000,000 from the moneys derived from the federal act in the
Federal Trust Fund for the above purposes.
purposes specified in existing law for funds derived from the federal
act and, of those moneys, would allocate $2,500,000 to the
commission for the geothermal brine treatment projects that would be
authorized by this bill. The bill would, for the 2017-18
fiscal year 2017-18 and each fiscal year
thereafter, continuously appropriate $2,500,000 annually to the
commission commission, from the moneys
derived from the federal act in the Federal Trust Fund for the above
purposes, purposes specified in existing law
until all of those moneys are encumbered or expended.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3823 of the Public
Resources Code is amended to read:
3823. Revenues disbursed to counties of origin pursuant to
Section 3821 and grants or loans made to local jurisdictions or
private entities pursuant to Section 3822 shall be expended by the
recipient for the following purposes:
(a) Undertaking research and development projects relating to
geothermal resource assessment and exploration, and direct-use and
electric generation technology.
(b) Local and regional planning and policy development and
implementation necessary for compliance with programs required by
local, state, or federal laws and regulations.
(c) Identification of feasible measures that will mitigate the
adverse impacts of the development of geothermal resources and the
adoption of ordinances, regulations, and guidelines to implement
those measures.
(d) Collecting baseline data and conducting environmental
monitoring.
(e) Preparation or revision of geothermal resource elements, or
geothermal components of energy elements, for inclusion in the local
general plan, zoning and other ordinances, and related planning and
environmental documents.
(f) Administrative costs incurred by the local jurisdiction that
are attributable to the development or production of geothermal
resources.
(g) Monitoring and inspecting geothermal facilities and related
activities to assure compliance with applicable laws, regulations,
and ordinances.
(h) Identifying, researching, and implementing feasible measures
that will mitigate the adverse impacts of that development or
production.
(i) Planning, constructing, providing, operating, and maintaining
those public services and facilities that are necessitated by and
result from the development or production.
(j) Undertaking projects demonstrating the technical and economic
feasibility of geothermal direct heat and electrical generation
applications.
(k) Undertaking projects for the enhancement, restoration, or
preservation of natural resources, including, but not limited to,
water development, water quality improvement, fisheries enhancement,
and park and recreation facilities and areas.
(l) In furtherance of the state's zero-emission vehicle and energy
storage objectives, undertaking projects to recover lithium, metals,
agricultural products, and other beneficial minerals from highly
mineralized geothermal brines at an existing geothermal facility that
is in a disadvantaged community and provides local employment
opportunities.
SECTION 1. SEC. 2. Section 25463 of
the Public Resources Code is amended to read:
25463. (a) Notwithstanding any other provision of this division,
federal funds available to the commission pursuant to this chapter
may be used by the commission to augment funding for any programs or
measures authorized by this division unless otherwise prohibited by
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5). The commission may administer any funds used to augment other
programs using the procedures of the augmented program consistent
with applicable federal law.
(b) This section shall be liberally construed to maximize the
commission's ability to utilize and award federal funds expeditiously
and in accordance with the American Recovery and Reinvestment Act of
2009 or federal acts related to the American Recovery and
Reinvestment Act of 2009.
(c) (1) For the fiscal year 2016-17,
2016-17 fiscal year, the sum of thirteen million dollars
($13,000,000) is hereby appropriated to the commission from the
moneys derived from the American Recovery and Reinvestment Act of
2009 in the Federal Trust Fund for purposes authorized by Section
25461. Of these moneys, the sum of two million five hundred
thousand dollars ($2,500,000) is hereby allocated for purposes
consistent with subdivision (l) of Section 3823. No later than
February 1, 2017, the commission shall issue a competitive
solicitation for projects pursuant to subdivision (l) of Section
3823 to be funded from this allocation.
(2) Notwithstanding Section 13340 of the Government Code, for the
2017-18 fiscal year 2017-18 and each
fiscal year thereafter until all moneys in the Federal Trust Fund
derived from the American Recovery and Reinvestment Act of 2009 have
been encumbered or expended, the sum of two million five hundred
thousand dollars ($2,500,000) annually is hereby continuously
appropriated to the commission for the purposes authorized by Section
25461.