BILL REQ. #:  S-0411.1 

Read first time 01/13/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to the use of geothermal resources for commercial electricity production; amending RCW 78.60.040 and 78.60.060; and repealing RCW 43.140.900.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 78.60.040 and 1979 ex.s. c 2 s 1 are each amended to read as follows:
     Notwithstanding any other provision of law, geothermal resources are found and hereby determined to be sui generis, being neither a mineral resource nor a water resource and as such are ((hereby)) declared to be the ((private)) property of the holder of the title to the surface land above the resource, unless the geothermal resources have been reserved by or conveyed to another person or entity. Interests in geothermal resources may be severed from the surface estate and reserved or conveyed as separate and distinct property interests.

Sec. 2   RCW 78.60.060 and 2003 c 39 s 40 are each amended to read as follows:
     This chapter is intended to preempt local regulation of the drilling and operation of wells for geothermal resources but shall not be construed to permit the locating of any well or drilling when such well or drilling is prohibited under state or local land use law or regulations promulgated thereunder. Geothermal resources((, by-products and/or)) or waste products which have escaped or been released from the energy transfer system ((and/or)) or a mineral recovery process shall be subject to provisions of state law relating to the pollution of ground or surface waters (Title 90 RCW), provisions of the state fisheries law and the state game laws (Title 77 RCW), and any other state environmental pollution control laws. Authorization for use of ((by-product water)) geothermal resources for ((all)) beneficial uses, other than commercial electricity production, including but not limited to greenhouse heating, warm water fish propagation, space heating plants, irrigation, swimming pools, and hot springs baths, shall be subject to the appropriation procedure as provided in Title 90 RCW. However, such use is not subject to the appropriation procedure as provided in Title 90 RCW if the use takes place in a closed loop system that is connected to and integrated into a commercial electricity production project that meets the requirements of this chapter.

NEW SECTION.  Sec. 3   RCW 43.140.900 (Termination of chapter) and 2001 c 215 s 1, 1991 c 76 s 1, & 1981 c 158 s 8 are each repealed.