BILL ANALYSIS                                                                                                                                                                                                    �



                                                               AB 2339
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    AB 2339
           AUTHOR:     Williams
           AMENDED:    June 25, 2012
           FISCAL:     Yes               HEARING DATE:     July 2, 2012
           URGENCY:    No                CONSULTANT:       Randy Pestor
            
           SUBJECT  :    GEOTHERMAL TECHNOLOGIES

            SUMMARY  :    
           
            Existing law  , under the Warren-Alquist State Energy Resources 
           Conservation and Development Act:

           1) Creates the California Energy Commission (CEC) and requires 
              the CEC, among other things, to adopt an integrated energy 
              policy report (IEPR) every two years.  The IEPR must 
              contain an overview of major energy trends and issues 
              facing the state, including supply, demand, pricing, 
              reliability, efficiency, and impacts on public health and 
              safety, the economy, resources, and the environment.  
              (Public Resources Code �25302). 

           2) Under the California Global Warming Solutions Act of 2006 
              (CGWSA), requires the California Air Resources Board (ARB) 
              to determine the 1990 statewide greenhouse gas (GHG) 
              emissions level and approve a statewide GHG emissions limit 
              that is equivalent to that level, to be achieved by 2020 
              and specifies certain requirements for achieving that 
              limit.  (Health and Safety Code �38500 et seq.).

            This bill  , under the Warren-Alquist State Energy Resources 
           Conservation and Development Act:

           1) Requires the CEC, in consultation with the Public Utilities 
              Commission, ARB and other stakeholders, to evaluate and 
              recommend policies and implementation strategies related to 
              overcoming barriers to the widespread deployment and use of 
              geothermal heat pumps and geothermal ground loop 
              technologies (geothermal technologies).  In its evaluation 









                                                               AB 2339
                                                                 Page 2

              the CEC must consider:

              a)    The quantitative costs and benefits to ratepayers to 
                 more reliable or less costly gas or electrical service 
                 through the use of geothermal technologies.

              b)    Existing statutory and permit requirements or other 
                 legal impediments that impact the widespread use of 
                 geothermal technologies.

              c)    The impact of widespread use of geothermal 
                 technologies achieving CGWSA goals and achieving the 
                 state's energy efficiency goals.

           2) Requires the CEC to include the above evaluations and 
              recommendations in the IERP that are required to be adopted 
              for calendar year 2013. 

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, "AB 2339 builds 
              off existing work by directing CEC, in consultation with 
              the PUC, ARB and other stakeholders, to evaluate and 
              address existing barriers to the widespread deployment of 
              geothermal heat pumps and geothermal ground loop 
              technologies."

            2) Background  .  AB 1905 (Bosco) Chapter 139, Statutes of 1980, 
              provided for the allocation of revenues distributed to the 
              state under the federal Mineral Lands Leasing Act of 1920 
              with respect to activities by federal agencies under the 
              federal Geothermal Steam Act of 1970.  (Public Resources 
              Code �3800 et seq.).  All revenues received by the state 
              under these federal programs for these activities are 
              deposited in the Geothermal Resources Development Account 
              (GRDA) and appropriated for eligible program activities.  
              The program objectives are to:  a) reduce dependence on 
              fossil fuels and stimulate the state's economy through 
              geothermal resource development; b) mitigate adverse 
              impacts caused by geothermal development; c) provide 
              financial assistance to local governments to offset public 
              service and facility costs necessitated by geothermal 










                                                               AB 2339
                                                                 Page 3

              resource development; and d) maintain renewable resource 
              productivity through investment of the proceeds.  Many of 
              the projects funded by the CEC were for systems that 
              provide space heating and hot water through the direct use 
              of geothermal fluids.  With revisions to the program, 
              funding has included financial assistance for research, 
              development and planning.

           A GRDA grant recently funded a July 2011 CEC report titled 
              "Project negatherm for ground source heat pumps:  improving 
              the geothermal borehole drilling environment in 
              California."  (CEC 500-2011-025).  According to this 
              report, a typical ground source heat pump (GSHP) system has 
              three main components:

              a)    The loop field - a series of pipes, typically 
                 constructed of highdensity polyethylene (HDPE) that 
                 circulates a fluid between the ground source heat pump 
                 unit and the earth to transfer heat.

              b)    The ground source heat pump unit  an electric heat 
                 pump that exchanges heat between the fluid in the earth 
                 loop and the air that conditions the home/building.

              c)    The air delivery/distribution system - standard ducts 
                 that deliver conditioned air throughout a home or 
                 building.

              The CEC 2011 report notes the following distinction between 
              "open" or "closed" loop GSHP systems:  "Closed loop systems 
              continuously circulate a fluid between the heat pump and 
              the loop field, without the loss of fluid.  Open loop 
              systems are designed to take advantage of local water 
              sources by withdrawing water from a well or pond, passing 
              it through a heat exchanger, and then returning the 
              warmed/cooled water to an aquifer or well."

              The 2011 CEC report notes that "Due to the nature of the 
              technology, GSHP systems encounter a number of regulatory 
              issues, including but not limited to:  drilling, 
              permissible fluids used in the GSHP loop field, and 
              borehole sealing."










                                                               AB 2339
                                                                 Page 4


              According to the 2011 CEC report, "Ground source heat pumps 
              can play an important role in reducing electricity demand 
              and increasing efficiency in residential and commercial 
              buildings, but have made little impact in California.  Oak 
              Ridge National Lab estimates that a moderately aggressive 
              adoption of ground source heat pumps throughout American 
              building practices would yield annual energy savings of 3.4 
              to 3.9 quad Btu.  At current electricity prices, these 
              represent savings between $33 and $38 billion in retail 
              utility bills and far exceed current combined renewable 
              energy contributions from solar photovoltaic, wind and 
              geothermal power."

            3) More study and recommendations needed  ?  The extensive July 
              2011 CEC 336-page study noted above was based on the 
              following objectives:  a) review relevant literature; b) 
              compile permit regulation in California's 58 counties, and 
              other municipal districts and states; c) develop 
              methodologies for stakeholder interviews; d) interview 
              industry stakeholders; e) convene an industry advisory 
              board; f) identify technical and financial hurdles; g) 
              conduct field research on commercial and residential 
              projects; h) research the latest innovative finance models; 
              i) devise and conduct surveys of consumers and driller 
              groups; and j) develop a resource web portal containing 
              project research findings for industry and consumers.

           The report contains 23 recommendations covering issues such as 
              state agency jurisdiction, permitting, contractor 
              licensing, and property taxes.

           Is the AB 2339 study necessary given the exhaustive 
              information and recommendations contained in the CEC July 
              2011 report?  If the Committee believes this bill is 
              needed, then the CEC should be required to consult with 
              local government representatives, and the term "widespread" 
              should be stricken from this bill.
            
           SOURCE  :        California Geothermal Heat Pump Coalition  

           SUPPORT  :       Air Connection, Bosch Thermotechnology Corp., 










                                                               AB 2339
                                                                 Page 5

                          California Groundwater Association, 
                          ClimateMaster; Colorado Geo Energy and Heat 
                          Pump Association, Crystal Air; Desert 
                          GeoExchange, Energy Control Inc., Enertech 
                          Global LLC, Environmental Defense Center, Gaia 
                          Geothermal LLC, Geothermal Exchange 
                          Organization, Geothermal National & 
                          International Initiative, Geothermal Resource 
                          Group, Ground Source Energy NW, HeatSpring 
                          Learning Institute, Martin Energetics, Meline 
                          Engineering Corp., Plumas-Sierra Rural Electric 
                          Cooperative, WaterFurnace
            
           OPPOSITION  :    None on file