BILL ANALYSIS Ó
AB 2205
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CONCURRENCE IN SENATE AMENDMENTS
AB 2205 (V. Manuel Pérez)
As Amended August 6, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 17, 2012) |SENATE: |37-0 |(August 13, |
| | | | | |2012) |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Specifies that hazardous waste produced in connection
with the extraction of commercial substances from geothermal
waste is not subject to permitting requirements by the
Department of Toxic Substances Control (DTSC).
The Senate amendments clarify that exempted spent brine
solutions that are used to produce geothermal energy include
"wastes from the extraction, beneficiation, and processing of
ores and minerals," provided that the brine solutions meet the
following conditions:
1)The brine is managed in accordance with specified provisions
of the Code of Federal Regulations.
2)The brine is returned after processing, via closed piping, and
subsequently managed in accordance with the exemption under
existing law.
3)The brine is not solid or semisolid hazardous residuals.
EXISTING LAW :
1)Authorizes the State Water Resources Control Board (SWRCB) and
Regional Water Quality Control Boards (RWQCBs) to regulate
geothermal waste. (Water Code Section 13000, et seq.).
2)Authorizes DTSC to regulate waste generated during geothermal
energy production, requires DTSC to establish standards and
regulations for the management of hazardous wastes to protect
against the hazards to public health, domestic livestock,
wildlife and the environment. (Health and Safety Code Section
25100, et seq.).
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3)Exempts from regulation by DTSC, geothermal wastes from the
exploration, development, and production of geothermal energy,
if such wastes are contained within the operating system of
that same facility. (Health and Safety Code Section 25143.1).
4)Requires the wastes to be "contained" on site at an operating
geothermal production facility and requires the removal of
geothermal waste that is relocated for drying within 30 days.
(Health and Safety Code Section 25143.1).
AS PASSED BY THE ASSEMBLY , this bill specified that hazardous
waste produced in connection with the extraction of commercial
substances from geothermal waste is not subject to permitting
requirements by the DTSC.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Need for the bill : According to the author, "this bill seeks to
clarify that existing regulations and exemptions that apply to
geothermal plants also apply to new processes that extract
materials from geothermal waste in connection with that plant in
a closed-loop system. The proposed amendment is intended to
provide certainty to both geothermal developers and extraction
companies, ensuring that neither party's geothermal exemption
will be imperiled due to the extraction of beneficial commercial
substances."
This bill was proposed by the technology firm Simbol Materials
Inc., which engages in the production and supply of lithium,
manganese, and zinc battery chemicals in the United States. It
also provides lithium carbonate for use in electrolytes for
electric vehicle batteries and other energy storage
applications. Simbol Materials Inc. is proposing a project for
mineral extraction in the Salton Sea area of the Imperial County
from geothermal brine to collect commercial materials including
lithium, manganese and zinc.
Energy Production : Geothermal energy production uses steam
that is generated within the earth's crust to run turbines for
the production of electricity. The water that remains after
this steam cools is stored and then re-injected into the ground,
effectively "closing the loop" and recharging the resource. This
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steam, and ultimately the water it becomes, may contain a
variety of chemical or mineral components which trigger
regulatory oversight. The water which is re-injected could also
be considered to be a waste that is being recycled, DTSC has had
technical jurisdiction over the same process that the SWRCB and
the RWQCBs regulates. The SWRCB and the RWQCBs govern the
management of this material. Solid materials which are wastes
generated from this process, are managed as a solid or hazardous
waste.
History of geothermal brine regulations : In 2006, questions
raised about DTSC's jurisdiction over geothermal plants led to
the current language for the exemption. To avoid duplicative
regulation by RWQCBs and DTSC, Assembly Bill 1294 (Ducheny),
Chapter 143, Statutes of 2006, clarified that any waste from the
operation of a geothermal energy plant was also exempt from DTSC
regulation, in addition to the existing exemption for waste from
drilling.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0004377