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2013 Senate Bill 5369: Concerning the use of geothermal resources
Introduced by Sen. Adam Kline (Seattle) (D) on January 28, 2013
Broadens the definition of “geothermal resources.” This act provides that unless the geothermal resources have been otherwise reserved or conveyed, they are the property of the holder of the title to the surface land above the resources. This act exempts certain uses of water associated with a geothermal well from the normal appropriation procedure. This act creates the geothermal account to support geothermal exploration, assessment, and research.   Official Text and Analysis.
Referred to the Senate Energy, Environment &Telecommunications Committee on January 28, 2013
Substitute offered in the Senate on February 22, 2013
Removes the provision regarding the removal of water within the groundwater exemption is removed. Provisions regarding conflict resolution conducted by DOE and DNR between existing geothermal and existing water right holders are removed. It is clarified that nothing in the act may affect or operate to impair any existing water rights.
Referred to the Senate Rules Committee on February 22, 2013
Makes a number of changes to the definition of geothermal resources. By-products are defined as any minerals, except hydrocarbon gas, helium, or oil found in association with geothermal streams that do not warrant extraction and production based on their own economic value. Geothermal resources remain sui generis. Geothermal resources may be reserved or conveyed to another person or entity. Authorization under the Water Code is needed for consumptive and non-consumptive uses including but not limited to power production. Authorization is not needed under certain circumstances. DNR and DOE must avoid duplication and promote efficiency when issuing permits and other approvals for these uses. The Act must neither affect nor operate to impair any existing water rights. The geothermal energy account is created to provide for the allocation of revenues distributed to the state under the Mineral Lands Leasing Act of 1920 and the Geothermal Steam Act of 1970. Funds from this account must be distributed 70 percent to DNR for geothermal exploration, and 30 percent to Washington State University for encouraging development of geothermal resources.
Received in the House on March 6, 2013
Referred to the House Environment Committee on March 6, 2013
Amendment offered in the House on March 20, 2013
Repeals the existing codified, yet terminated, statutes that deal with how the state allocates revenue provided by the federal government for geothermal resources developed on federal lands located in Washington.
The amendment passed by voice vote in the House on April 15, 2013
Referred to the House Appropriations Subcom on General Government & Info Tech Committee on March 25, 2013
Referred to the House Rules Committee on April 9, 2013
?recreates the Geothermal Account to receive and direct the distribution of all revenues related to geothermal resource extraction on federal lands located in Washington. Updates the existing definition of "geothermal resources" to add specific inclusions and exemptions. Clarifies the relationship among geothermal resource wells and water wells.
Received in the Senate on April 23, 2013
Motion in the Senate on April 23, 2013
To concur with House amendment(s).
The motion passed by voice vote in the Senate on April 23, 2013
Signed by Gov. Jay Inslee on May 16, 2013