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<ns0:ActionText>ENROLLED</ns0:ActionText>
<ns0:ActionDate>2025-09-12</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>527</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Papan</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Assembly Member Rogers)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Papan</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Rogers</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 3731 and 21065.5 of, to add Sections 3738 and 21080.71 to, and to add and repeal Section 21080.67 of, the Public Resources Code, relating to geothermal resources.</ns0:Title>
<ns0:RelatingClause>geothermal resources</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>California Environmental Quality Act: geothermal exploratory projects: geothermal field development projects: enhanced geothermal system wells.</ns0:Subject>
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<ns0:DigestText>
<html:p>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.</html:p>
<html:p>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 use 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 also requires the county in which a geothermal project is located to assume the responsibilities of a lead agency for a geothermal exploratory project upon the request of an
applicant, as specified. 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. Existing law requires wells included within a geothermal exploratory project to be located at least one-half mile from geothermal development wells that are capable of producing geothermal resources in commercial quantities. Existing law requires the owner or operator of a well to keep, or to cause to be kept, a careful and accurate log, core record, and history of drilling the well and requires the log to show, among other things, the character and depth of the formation passed through or encountered in the drilling of the well. Upon completion or abandonment of a well, or upon the suspension of operations of a well, existing law requires true
copies of the log, core record, and history to be filed with the district deputy of an oil and gas district, as specified.</html:p>
<html:p>This bill would expressly include as part of a geothermal exploratory project, among other things, equipment and activities necessary to establish interconnectivity between wells and reservoirs. The bill would exclude certain wells connecting to geothermal reservoirs from the one-half mile limit described above. The bill would require the log for a well that is part of a geothermal exploratory project that is exempt from CEQA, as described below, to include the chemical and physical characteristics of well stimulation fluids. Upon completion or abandonment of a well, or upon the suspension of operations of a well, that is part of a geothermal
exploratory project that is exempt from CEQA, as described below, the bill would require a project developer to disclose the composition of fluids used in all relevant hydraulic fracturing operations with the log for a well and would require the project developer to file a copy of the disclosure with the lead agency.</html:p>
<html:p>This bill would, until January 1, 2031, exempt from CEQA geothermal exploratory projects that meet specified conditions and for which the county or the Geologic Energy Management Division is the lead agency.
The
bill would require a project developer to conduct a reconnaissance survey, that includes certain information, and to supply the lead agency with
the reconnaissance survey when applying for an exemption from CEQA. The bill would require the lead agency to engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, as provided. The bill would authorize the lead agency to require the project applicant to file an indemnity bond, as specified, before the lead agency determines that a geothermal exploratory project is exempt from CEQA. The bill would require a geothermal exploratory project that is exempt from CEQA to include full reclamation of the project site, as provided. The
bill would require the lead agency, at least 30 days before making a determination to approve
a geothermal exploratory project as exempt from CEQA pursuant to this exemption, to post a written notice of the intent to apply the exemption at the project site and to post a written notice of the intent to apply the exemption and the entire project application on its internet website. If the lead agency determines that the project is exempt from CEQA, the bill would require the lead agency to file a notice with the State Clearinghouse in the Office of
Land Use and Climate Innovation and with the county clerk of the county in which the project is located, as provided, and to provide a copy of the notice to specified entities. Because the exemption would apply to projects where the county is the lead agency and the county would be required to engage in a scoping consultation and determine if a project qualifies for this exemption, the bill would impose a state-mandated local program. </html:p>
<html:p>This bill would require a geothermal field development project located on a
site where a geothermal exploratory project was deployed pursuant to the above-described CEQA exemption to use a baseline for CEQA review that reflects the site before the geothermal exploratory project occurred.</html:p>
<html:p>Existing law requires the owner or operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. </html:p>
<html:p>This bill would require, on or before January 1, 2029, the Geologic Energy Management Division to promulgate regulations for enhanced geothermal system wells, as provided. Before the promulgation and implementation of those regulations, the bill would require an operator to provide specified information to the supervisor when the operator files the notice of intent to commence drilling for a well in a CEQA-exempt geothermal exploratory project that employs enhanced geothermal system technology. </html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_8CF36345-A876-4D51-B852-CBA98568F790">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 3731 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Num>3731.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The log described in Section 3730 shall show the character and depth of the formation passed through or encountered in the drilling of the well, the amount, size and weight of casing used, and particularly the location, depth and temperature of water-bearing strata, together with the temperature, chemical composition, and other chemical and physical characteristics of fluid encountered
from time to time, so far as ascertained.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For a well that is part of a geothermal exploratory project exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000)) pursuant to Section 21080.67 employing enhanced geothermal system technology, the log shall include the chemical and physical characteristics of well stimulation fluids, including additives and proppants, as defined in Sections 3150 and 3154, respectively, if any, and the amounts used for well stimulation.
</html:p>
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<ns0:BillSection id="id_23B12E7D-C402-4EEB-B850-978762BB032C">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 3738 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_3DFD9A18-DA38-4BA2-BBC3-333B1692E1C9">
<ns0:Num>3738.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before January 1, 2029, the division shall promulgate regulations for enhanced geothermal system wells, as part of an update to regulations for geothermal wells, that explicitly include and address all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Seismic risks.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Well construction, including the required material composition and construction design for the entire range of anticipated subsurface conditions, and the chemical composition and physical properties of the geologic
formations and any geologic fluids.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Fracture propagation from well stimulation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Geologic and hydrologic isolation of the geothermal fluids and reservoir.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the division incorporate the development of regulations pursuant to this section in its existing effort to update geothermal regulations, previously workshopped by the division in 2018 and 2022, that is already underway to support the development of enhanced geothermal systems.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before the promulgation and implementation of enhanced geothermal system well regulations pursuant to subdivision (a), the
operator, when filing a written notice of intent to commence drilling pursuant to Section 3724 for a well in a geothermal exploratory project exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000)) pursuant to Section 21080.67 employing enhanced geothermal system technology, shall provide to the supervisor all of the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The type of well and intended use, purpose, and approximate volume rates of injection of any well stimulation fluids.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A plan for seismic monitoring
and risk-based mitigation
consistent with the United States Department of Energy “Protocol for Addressing Induced Seismicity Associated with Enhanced Geothermal Systems,” published in January 2012, that meets or exceeds the monitoring requirements of Section 1785.1 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Full disclosure of the anticipated composition and disposition of well stimulation fluids, if planned to be used. This disclosure shall, at a minimum, include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The anticipated date of the
well stimulation treatment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A complete list of names, Chemical Abstract Service (CAS) numbers, and the maximum concentration, in percent by mass, of each and every chemical constituent of the well stimulation fluids anticipated to be used. If a CAS number does not exist for a chemical constituent, the owner or operator may provide another unique identifier, if available.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The trade name, the supplier, concentration, and a brief description of the intended purpose of each additive, as defined by Section 3150, including any proppants, as defined in Section 3154, contained in the anticipated well stimulation fluid.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The location of the portion of the well subject to the well stimulation treatment and the extent of the
fracturing or other modification, if any, in the geologic formation surrounding the well induced by the treatment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The information provided pursuant to paragraphs (1) to (3), inclusive, is not confidential information pursuant to Section 3752.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information provided pursuant to paragraphs (1)
to (3), inclusive, may be provided to the supervisor with the first application for a written notice of intent to commence drilling pursuant to Section 3724 for a well in a geothermal exploratory project exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000)) pursuant to Section 21080.67 and may be referenced in subsequent applications for the same project if the same information applies to all wells.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not prohibit the supervisor from asking for additional pertinent data in considering the written notice of intent to
commence drilling pursuant to subdivision (d) of Section 3724.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Before the promulgation of the regulations pursuant to subdivision (a),
this section does not prohibit the supervisor from approving wells that use all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources that, in each case, the supervisor deems suitable for these purposes.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E883E9E8-05C6-4A15-977F-ED4254EC162F">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 21065.5 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Num>21065.5.</ns0:Num>
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<ns0:Content>
<html:p>“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, temporary 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 before commencement of a geothermal field development project as defined in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project, excluding wells connecting to geothermal reservoirs whose permeability
or capacity to allow the flow of geothermal fluids, including water, has been increased from its natural or original state through stimulation, horizontal drilling, the use of closed-loop configurations, or other techniques, shall be located at least one-half mile from geothermal development wells that are capable of producing geothermal resources in commercial quantities.</html:p>
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<ns0:BillSection id="id_E88F3423-56D0-4B63-B221-E72D5BE42EA6">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 21080.67 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_4D42629A-F9F0-440A-8DD5-4778A7F2DBA2">
<ns0:Num>21080.67.</ns0:Num>
<ns0:LawSectionVersion id="id_23FC30EF-92E9-4A8D-A6A1-E22F29CA91FA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This division does not apply to a geothermal exploratory project, as defined in Section 21065.5, for which a county or the Geologic Energy Management Division 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The project does not include the production of geothermal resources in commercial quantities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The project site is not more than 20 acres total at the surface and the project site does not disturb more than 12 acres of previously undisturbed ground at the surface. For purposes of this paragraph, “undisturbed” means in a natural state without industrial or other development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
project site does not include, or lie within 100 feet of, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Rivers, streams, or riparian corridors, except temporary road or electric distribution line crossings. Temporary road or electrical distribution line crossings shall be undertaken pursuant to an agreement issued by the Department of Fish and Wildlife pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game
Code, as applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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) or 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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Identified habitat for species of special status identified by state or federal agencies, including
species protected under 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), and any species identified as fully protected pursuant to Sections 3511, 4700, 5050, and 5515 of the Fish and Game Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Lands with a conservation easement unless consistent with the terms or requirements of the
easement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The project site does not include, or lie within, 300 feet of wetlands, as described in subdivision (l) of Section 21067.5.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Wells included within the project are set
back at the surface at least 100 feet from a public road and at least 300 feet from a building that is open to the public, if present, and the property line of any adjacent properties that are not affiliated with the project or the project applicant.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The project will not result in significant adverse impacts to any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Natural resources, including sensitive habitats and any species of special status identified by state or federal agencies, including species protected under 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), and any species identified as fully protected pursuant to Sections 3511,
4700, 5050, and 5515 of the Fish and Game Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Hydrological resources, including rivers, streams, wetlands, groundwater wells, springs, and aquifers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Tribal, historical, and other cultural resources.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The project applicant has provided to the lead agency a legally binding commitment to comply with Section 21183.5.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The project applicant has submitted to the lead agency a preliminary description of the anticipated composition of fluids to be used for any hydraulic fracturing operations expected to occur in the geothermal exploratory project, if applicable.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Unusual circumstances do not exist that would cause the project to have a significant adverse impact on the environment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The project developer shall conduct a reconnaissance survey using best practices, including the identification of relevant protocols and guidelines used in conducting the survey, and shall supply the lead agency with the reconnaissance survey when applying for an exemption from this division pursuant
to this section. The reconnaissance survey shall include, but is not limited to, all of the
following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The identification of natural resources including sensitive species of flora and fauna, sensitive habitats and hydrological resources including rivers, streams, wetlands, groundwater wells, springs, and aquifers. The reconnaissance survey shall include a biological resources survey that shall, at a minimum, identify any species of special status identified by state or federal agencies, including species protected under
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), and any species identified as fully protected pursuant to Sections 3511, 4700, 5050, and 5515 of the Fish and Game
Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The identification of any tribal, historical, and other cultural resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “reconnaissance survey” means a survey of a proposed geothermal exploratory project site conducted before applying for an exemption from this division pursuant to this section. A reconnaissance survey does not need to
include the level of detail required in an initial study.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon receipt of an application for a project pursuant to this section, the lead agency shall engage in a scoping consultation regarding the proposed development with a California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1, of the proposed geothermal exploratory project in order to determine whether the project will result in significant adverse impacts to a tribal cultural resource. In order to expedite compliance with this subdivision, the lead agency shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed geothermal exploratory project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The timeline
for noticing and commencing a scoping consultation pursuant to this section shall be as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lead agency shall provide a formal notice of an application pursuant to this section to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that application.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each California Native American tribe that receives a formal notice shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the lead agency receives a response accepting an invitation to engage in a scoping consultation, the lead agency shall commence the scoping consultation within 30 days of receiving that response.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resources to the culturally affiliated California Native American tribe.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The parties to a scoping consultation conducted pursuant to this subdivision shall be the lead agency and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed geothermal exploratory project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed geothermal exploratory project may participate in the scoping consultation. Upon request by any of the participating
California Native American tribes, the lead agency shall engage in a separate scoping consultation with that California Native American tribe.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The applicant and the applicant’s consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The applicant and the applicant’s consultants agree to respect the principles set forth in this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicant and the applicant’s consultants engage in the scoping consultation in good faith.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The California Native American tribe participating in the scoping consultation approves the participation of the applicant and the applicant’s consultants. The California Native American tribe may rescind its approval at
any time during the scoping consultation, either for the duration of the scoping consultation or for any particular meeting or discussion held as part of the scoping consultation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The participants to a scoping consultation pursuant to this subdivision shall comply with the following confidentiality requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Section 7927.000 of the Government Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Section 7927.005 of the Government Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Subdivision (c) of Section 21082.3.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any additional confidentiality standards adopted by the California Native American tribe
participating in the scoping consultation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A scoping consultation pursuant to this subdivision shall be deemed to be concluded if either of the following occurs:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
This division shall not apply to a scoping consultation pursuant to this subdivision.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following definitions apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between local governments and California Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to General Plan Guidelines” prepared by the former Office of Planning and Research.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Scoping” means the act of participating in early discussions or investigations between a local government and a California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074, or California Native American tribe as defined in Section 21073.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Tribal cultural resource” means a site, feature, place, cultural landscape, sacred place, including a Native American sanctified cemetery, Indian cemetery, or Indian burial area, or an object with cultural value to a California Native American tribe that is any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Included or eligible for inclusion in the California Register of Historical Resources or the National Register of Historic Places.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Included in a tribal government register maintained by a Tribal Historic Preservation Officer approved by the Secretary of the Interior pursuant to Section 101 of the federal National Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Identified by the Native American Heritage Commission
as a sacred place pursuant to Section 5097.94 or 5097.96.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the lead agency determines that a project is not subject to this division pursuant to this section, the requirements of Section 21183.5 shall apply.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The lead
agency may require the project applicant to file an indemnity bond before it makes its determination pursuant to subdivision (a). The bond, in a form and manner prescribed by the lead agency, shall be in an amount sufficient to secure any supplemental costs beyond the applicant’s bonding requirements with the Geologic Energy Management Division, pursuant to Section 3725, to secure full reclamation of the project site.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a project is not subject to this division pursuant to this section, the project shall include 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
At least 30 days before making a determination to approve a geothermal exploratory project as exempt from this division pursuant to this section, the lead agency shall post a written notice of the intent to apply the exemption at the project
site and post a written notice of the intent to apply the exemption and the entire project application on its internet website.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the project, the lead agency shall file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which
the project is located in accordance with subdivisions (b), (c), and (d) of Section 21152. The lead agency shall provide a copy of the notice filed with the State Clearinghouse to the Department of Fish and Wildlife and the relevant California regional water quality control board.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a project is not subject to this division pursuant to this section, when making a filing pursuant to Section 3735 to the Geologic Energy Management Division of the Department of Conservation, the project developer shall include a disclosure of the composition of fluids used in all relevant hydraulic fracturing operations, and shall file a copy of the disclosure with the lead agency, if applicable.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, “project site” means land that is altered at the
surface for a geothermal exploratory project that is seeking an exemption from this division pursuant to this section. “Project site” shall not necessarily include the entire property on which the project is located.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section is not intended, and shall not be construed, to limit consultation and discussion between a local agency and a California Native American tribe pursuant to other applicable law, confidentiality provisions pursuant to other applicable law, the protection of religious exercise to the fullest extent permitted pursuant to state and federal law, or the ability of a California Native American tribe to submit information to the local agency or participate in any process of the local agency.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 21080.71 is added to the
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, to read:
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<ns0:Num>21080.71.</ns0:Num>
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<html:p>A geothermal field development project located on a site where a geothermal exploratory project was deployed pursuant to Section 21080.67 shall use a baseline for review pursuant to this division that reflects the site before the deployment of the geothermal exploratory project as identified in subdivision (b) of Section 21080.67.</html:p>
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<ns0:BillSection id="id_8EC772C6-C839-4D70-A91D-278E4C38DCCD">
<ns0:Num>SEC. 6.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B 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.
</html:p>
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