Appendix B

GEOTHERMAL ELEMENT GUIDELINES

OUTLINE

I. INTRODUCTION
II. GUIDELINES FOR GEOTHERMAL ELEMENTS
A. Relationship to the General Plan
B. Methodology
C. Relationship to CEQA
III. DETAILED GUIDELINES
A. Ideas for Data and Analysis
B. Ideas for Policy, Plan Proposals and Standards
(Development Policies)
C. Ideas for Implementation Measures

INTRODUCTION

The Public Resources Code offers counties (but not cities) the opportunity to exert local control over some aspects of geothermal energy exploration, recovery, and power produc tion. Counties which have adopted geothermal elements may be delegated lead agency responsibilities (dened in the California Environmental Quality Act) for exploratory geothermal well projects and primary permitting powers for large geothermal plants (Public Resources Code Sections 3715.5 and 25540.5). These duties are otherwise administered by the Department of Conservation (Division of Oil and Gas) and the State Energy Resources Conservation and Development Commission (California Energy Commission).

To put this into perspective, under usual circumstances the State Division of Oil and Gas (DOG) regulates geothermal well drilling (Public Resources Code Section 3700 et seq. and Title 14, Chapter 4, Subchapter 4, California Code of Regulations). The California Energy Commission (CEC) regulates the siting of geothermal power plants over 50 megawatts to the exclusion of local land use control. Counties regulate exploratory wells and developmenteld wells through zoning and other land use controls provided their regulations do not conict with those of the state (59 Ops.Cal.Atty.Gen. 461 (1976)).

GUIDELINES FOR GEOTHERMAL ELEMENTS

The administrative regulations adopted by the DOG and the CEC for delegating authority to counties require that the Ofce of Planning and Research (OPR) review proposed geothermal elements for adequacy (Title 14, California Code of Regulations, Section 1682.3 and Title 20, California Code of Regulations, Section 1862). OPR is responsible for developing geothermal element guidelines as a basis for this review. The following geother mal element guidelines are in addition to the General Plan Guidelines and are meant to be used in conjunction with those guidelines for the purpose of preparing a specialized geothermal element.

Relationship to the General Plan

A county geothermal element is an optional element under Section 65303 of the Govern ment Code. Once adopted, it becomes an integral part of the county general plan; its goals, objectives, policies, plan proposals, and implementation measures must be consistent with the entire general plan (Government Code Section 65300.5). A geothermal element addresses land use, circulation, open space, safety, housing, noise, and conservation issues. Consequently, its provisions affect each of the seven mandatory general plan elements. It may be necessary for the county to amend its mandatory elements (and any affected optional ones) concurrent with adoption of the geothermal element in order to maintain the internal consistency of its general plan. It is wise to remember that no element of the plan may take precedence over another (Sierra Club v. County of Kern (1981) 126 Cal.App.3d 698).

Optional elements are not subject to the limitation on how often they may be amended. However, local governments must be sure that amendments to the geothermal element do not conict with the general plan as a whole or with any other individual element. In cases

Denitions: Geothermal Element

Development Well: ". . . a well, other than an exploratory well, drilled for the purpose of producing either hightemperature or low-temperature geothermal uids in commercial quantities" (Title 14, California State Code of Regulations, Section 1920.1(c)).

Equivalent Certication Program: ". . . a program, as further dened in Section 25540.5, administered by a county and approved by the [California Energy] commission, which may substitute for the site and related facility certication procedures established pursuant to this division" (Public Resources Code Section 25115).

Exploratory Geothermal Well: ". . . a well, other than a development well, drilled to discover or evaluate the presence of either low or high-temperature geothermal uids, including steam, where the surface location of the well is at least .8km or onehalf mile from the surface location of an existing well capable of producing geothermal uids in commer cial quantities" (Title 14, California Code of Regulations, Section 1920.1(b)).

Geothermal Element: "'Geothermal element' means an element of a county general plan consisting of a statement of geothermal development policies, including a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals, including a discussion of environmental damages and identication of sensitive environ mental areas, including unique wildlife habitat, scenic, residential, and recreational areas, adopted pursuant to Section 65303 of the Government Code" (Public Resources Code Section 25133).

Geothermal Exploratory Project: ". . . a project . . . composed of not more than six wells and associated drilling and testing equipment, whose chief and original purpose is to evaluate the presence and characteristics of geothermal resources prior to commencement of a geothermal eld project as dened in Section 65928.5 of the Government Code. Wells included within a geothermal exploratory project must be located at least onehalf mile from geothermal development wells which are capable of producing geothermal resources in commercial quantities" (Public Resources Code Section 21065.5).

Geothermal Field Development Project: ". . . a development project...composed of geothermal wells, resource transportation lines, production equipment, roads, and other facilities which are necessary to supply geothermal energy to any particular heat utilization equipment for its productive life, all within an area delineated by the applicant" (Govern ment Code Section 65928.5).

Geothermal Resources: ". . . the natural heat of the earth, the energy in whatever form below the surface of the earth present in, resulting from, created by, or from which may be extracted natural heat, and all minerals in solution or other products in whatever form obtained from naturally heated uids, brines, associated gases and steam, excluding oil, hydrocarbon gas or other hydrocarbon substances" (Title 14, California Code of Regula tions, Section 1920(e)).

Thermal Power Plant: "Any stationary or oating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. Exploratory, development, and production wells, resource transmission lines, and other related facilities used in connection with a geothermal eld development project are not appurtenant facilities for the purposes of this division" (Public Resources Code Section 25120).

NATURE OF THE GENERAL PLAN

where a proposed amendment to the geothermal element would conict with the general plan, the county must either deny the proposed amendment or make related changes to the general plan.

Methodology

The process of adopting a geothermal element is the same as that for any other element of the general plan and the county must follow the procedures established by Sections 65350 through 65400 of the Government Code. Public hearings must be held and the county must provide opportunities for involvement by community groups, residents, public agencies, and utilities. The board of supervisors may appoint a planning advisory committee or other similar body in order to assist in preparation of the element.

Not all counties have reached the same stage in developing their geothermal energy resources. Consequently, variations will inevitably occur in the content of geothermal elements. In any case, preparation of the local geothermal energy element should follow the basic methodol ogy established in the General Plan Guidelines. This procedure is summarized as follows:

Identify issues, opportunities, and assumptions.

· Establish the basic framework upon which the geothermal element is to be built.

Formulate goals (recognizing the alternative energy goals of the state as expressed in Section 25008 of the Public Resources Code).
· Establish the basic direction for the geothermal element.
· Identify the general goals upon which objectives, policies, plan proposals, and standards will be based.

Collect and analyze data.
· Contact state agencies, such as the California Energy Commission, Division of Mines and Geology, and Division of Oil and Gas, for information on geothermal energy resources in the area.
· Contact local agencies, such as cities, for information on planned land uses and local energy programs (if any).
· Utilize information from special studies (e.g., previous siting studies, United States Geologic Survey information, etc.).
· Commission further studies as necessary.
· Identify areas of potential geothermal resources.
· Identify other land uses including those which will be affected by geothermal resource exploration and recovery.

Revise goals, if necessary, and determine objectives.
· Reexamine goals in light of additional information and analysis.
· Objectives are more specic than goals. Using the available information, focus and rene the policy directions of the element by setting objectives.

Develop and evaluate alternative elements.
· Examine the effects of alternative policies, standards, and plan proposals.
· Compare the alternatives to the general plan and insure that there are no inconsistencies.

Select and adopt the preferred alternative.
· Submit the element to OPR for review and certication.
· Make revisions, if necessary, based upon the OPR review.
· Petition the DOG and the CEC for recognition of the element as an "equivalent certication program."

Implement the element.
· Assume permit responsibilities.
· Adopt necessary ordinances.

Monitor implementation and changes in state requirements and make adjustments as necessary.

A county with existing geothermal exploration and development activities should be able to discuss issues in depth, presenting a detailed program for processing proposals. Counties without such background will be expected to proceed in a more anticipatory and prospective manner. In either case, the geothermal element must include policies which are consistent with the adopted policies of the State Energy Resources Conservation and Development Commission "with respect to the development of geothermal resources for the generation of electrical energy" (Title 20, California Code of Regulations, Section 1860(b)).

In addition, the element must provide for the following:
· Certication of geothermal areas as potential multiple facility sites, if so applied for.
· Processing of and decision upon geothermal power plant applications within twelve months of ling of applications.
· Periodic review and updating as may be required by law and the California Energy Commission.
· Opportunity for input and review of proposed projects by the public and interested public agencies.
· Distribution of all applications to the CEC and responsible federal, state, and local agencies and provisions for the receipt of and response to the comments and recommen dations of each agency.
· Public hearings and notice as required for general plan amendments. Hearings must include provisions for adjudication of disputed issues of fact through testimony taken under oath and refutation by cross-examination.
· Formal intervention by any person with a legally recognizable interest in the outcome of the proceedings.
· Distribution of a written decision on each power plant application. The decision shall contain each of the ndings and conclusions required by Sections 17521753 of Title 20 of the California Code of Regulations and shall be based upon the formal record of the proceedings.
· Appeal procedures, including appeals to the Energy Commission on substantive issues. (Public Resources Code Section 25540.5 and Title 20, California Code of Regulations, Section 1863)

Relationship to CEQA

Because the requirements for a geothermal element stress environmental considerations and because the adoption of a geothermal element is subject to the California Environmental Quality Act (CEQA), the Ofce of Planning and Research encourages the preparation of a

single document that will meet the denition of a geothermal element and, at the same time, satisfy the requirements for environmental documentation under the California Environ mental Quality Act.

If a single document is adopted as both a geothermal element and EIR, the sections relating to CEQA must be clearly identied and meet the requirements of Section 15166 of the CEQA Guidelines. In recognition of Section 25133 of the Public Resources Code, the environmental analysis must place special emphasis on assessing the potential for environ mental damage and identifying sensitive environmental areas including, but not limited to, unique wildlife habitat, scenic areas, residential development, and recreational areas.

DETAILED GUIDELINES

Ideas for Data and Analysis

In the process of preparing a geothermal element, the county will have to collect a good deal of information on a specialized subject. This will include not only the usual land use and environmental data, but also information on the geothermal energy regulatory scheme. Federal and state reports, as well as plans and environmental impact reports prepared for surrounding areas, should be the starting point in describing the environmental setting and the potential for geothermal development. If there is little such information available, the county may have to contract for a report on geothermal potential. The California Energy Commission's Siting and Environmental Division and the California Department of Conservation's Division of Oil and Gas can provide help in understanding the regulations surrounding geothermal energy exploration and recovery.

The analysis should include the following information. If any of this information appears in other parts of the general plan, the geothermal element may simply refer to the appropriate sections.

A description of geothermal resources, including:

· The location of reservoirs (known and potential)
· The location of existing and proposed wells
· An estimate of the ultimate magnitude of geothermal resources
· A brief history of local geothermal development
· The types of geothermal resources (i.e., steam, hot water, etc.), temperature, potential use (i.e., electric, nonelectric), and deleterious materials that limit use

A description of each phase in developing the geothermal resource:

· The exploratory phase
· The development eld phase
· The power plant phase, if the geothermal energy will be used to generate electricity

A description of areas sensitive to geothermal energy recovery activities, including:

· Unique wildlife and/or plant habitats
· Scenic areas
· Recreational areas
· Residential areas
· Hospital, school, rest home, and other uses that are sensitive to trafc and noise impacts.
· Areas subject to subsidence, slope instability, and earthquakes
· Archaeological and other cultural sites

A description of the potential environmental, economic, and social effects of each phase of the geothermal development process, including:

· Potential conicts with other land uses (e.g., agriculture, forestry, mineral extraction, sh and wildlife habitats, recreation, and residential)
· Water use
· Water quality, both surface and ground water
· Noise and nuisance problems
· Demand for emergency services
· Disposal of hazardous and non-hazardous wastes
· Housing and employment
· Air quality
· Trafc
· Land subsidence
· Slope stability
· Seismic stability
· Soil erosion
· Community attitudes
· Costs and revenues to local governments

A description of the impacts of geothermal development on incorporated, state and federal lands within the county

Ideas for Policy, Plan Proposals, and Standards (Development Policies)

The geothermal element's level of specicity will be largely dependent on the available data and the state of geothermal development in the county. Policies, plan proposals and standards must be consistent with those found elsewhere in the general plan. At minimum, the geothermal element should include the following types of policies, plan proposals, and standards:

· Policies, plan proposals, and standards for dealing with constraints and minimizing conicts between geothermal development and other land uses, such as agriculture, forestry, mineral extraction, sh and wildlife habitat, recreation, and residential.
· Policies and standards for minimizing environmental damage from geothermal develop ment (for example, environmental performance standards for each of the three phases of development).
· Policies, plan proposals, and standards for the disposal and recovery of resources from hazardous and nonhazardous geothermal wastes.
· Policies, plan proposals, and standards for evaluating the feasibility of proposed geother mal power plant sites.
· Policies, plan proposals, and standards for locating powerline transmission corridors.
· Policies and standards for monitoring the environmental effects of geothermal develop ment and mitigating adverse effects as necessary.

Ideas for Implementation Measures

Geothermal element implementation measures should be specied, such as:

· Adoption of an ordinance which establishes a permit system for geothermal projects.
· Appointment of a planning commission for the purpose of administering the geothermal permit program. This would not be a sensible option for counties that process only a few permits annually.
· Adoption of geothermal overlay zoning for plant sites and buffer zoning for surrounding lands.
· Adoption of performance standards governing the environmental effects of geothermal development (e.g., air quality, water quality, waste disposal, noise, soil erosion, slope stability, and subsidence).
· Establishment of a program to monitor the effects of geothermal development (e.g., subsidence, increase in seismic activity, air quality changes, and erosion) and the mitigation measures adopted to lessen the signicant effects identied in the element EIR.
· Amendment of the county's capital improvement program to include improvements to roads and facilities supporting geothermal development.