California Environmental Quality Act: geothermal exploratory projects: geothermal field development projects: enhanced geothermal system wells.

The entire Section 1 containing legislative findings and declarations was removed. These findings cited the federal NEPA categorical exclusion for geothermal exploration, California's energy procurement decisions, competition with Nevada and Utah, and economic development arguments.

The CEQA exemption in Section 21080.67 now applies to projects where 'a county or the Geologic Energy Management Division is the lead agency,' expanding eligibility beyond just county-led projects.

A new mandatory scoping consultation requirement was added: the lead agency must engage with any California Native American tribe traditionally and culturally affiliated with the project area to determine whether the project will result in significant adverse impacts to tribal cultural resources. Specific timelines apply: 30 days to notify tribes, 30 days for tribes to accept, and 30 days to commence consultation.

A new Section 3738.5 was added requiring wells in CEQA-exempt geothermal exploratory projects to be set back at least 300 feet from the project site boundary, any building open to the public, or the property line of an adjacent non-project property, and at least 100 feet from a public road necessary to access the site.

The seismic monitoring requirement in Section 3738 was expanded from 'a plan for seismic monitoring' to 'a plan for seismic monitoring and risk-based mitigation,' adding an explicit mitigation component.

Section 3731 now requires that well logs for CEQA-exempt enhanced geothermal system wells include the chemical and physical characteristics of well stimulation fluids, including additives and proppants, and the amounts used for well stimulation.

The pre-exemption survey requirement was renamed to 'reconnaissance survey using best practices' and a new definition was added clarifying it does not need the level of detail required in an initial study. The survey must now explicitly include identification of tribal, historical, and other cultural resources.

A new condition for the CEQA exemption requires full reclamation of the project site, including reestablishment of vegetative cover with native plants, unless disturbances are incorporated into a subsequent geothermal field development project.

The definition of 'geothermal exploratory project' in Section 21065.5 now includes 'the use of closed-loop configurations' as a technique that can increase reservoir permeability, broadening what qualifies for the exemption.

New Section 3738 requires the Geologic Energy Management Division to promulgate regulations for enhanced geothermal system wells by January 1, 2029, covering seismic risks, well construction standards, fracture propagation, and geologic/hydrologic isolation of reservoirs.

New Section 3738(c) requires operators filing a notice of intent to drill for an enhanced geothermal system well in a CEQA-exempt project to provide a seismic monitoring plan (consistent with the US DOE 2012 protocol and meeting or exceeding California regulations) and full disclosure of stimulation fluid composition, including CAS numbers, concentrations, additives, proppants, and treatment location.

New Section 3738.5 requires wells in CEQA-exempt geothermal exploratory projects to be set back at least 300 feet from the project site boundary, public buildings, or adjacent property lines, and at least 100 feet from public roads necessary to access the site.

The required pre-exemption survey now mandates a formal biological resources survey conducted using best practices to identify species protected under the federal Endangered Species Act, California Endangered Species Act, Native Plant Protection Act, fully protected species under specific Fish and Game Code sections, or species of special concern.

Section 21065.5 now requires wells in a geothermal exploratory project to be located at least one-half mile from geothermal development wells capable of producing in commercial quantities, with an exception for wells connecting to reservoirs whose permeability has been increased through stimulation, horizontal drilling, or other techniques.

The CEQA exemption acreage limit was expanded: projects may now disturb up to 12 acres of previously undisturbed ground at the surface and up to 20 acres total at the surface (existing access roads excluded). The term 'undisturbed' is defined as being in a natural state without industrial or other development.

The wetlands buffer for CEQA-exempt projects was increased from 100 feet to 300 feet, specifically referencing wetlands as defined in Section 21067.5(l).

A new condition (7) requires that the project will not adversely impact any species identified as fully protected under specific Fish and Game Code sections or designated under federal or state endangered species laws, as determined by the baseline biological resources survey.

The lead agency must now post the entire project application on its internet website in addition to the written notice of intent to apply the exemption.

The lead agency must provide a copy of the State Clearinghouse notice to the Department of Fish and Wildlife and the relevant California regional water quality control board.

Section 3731 is amended to require well logs for enhanced geothermal system wells in CEQA-exempt projects to include chemical and physical characteristics of stimulation fluids, including additives and proppants, and the amounts used.

The bill was reformatted from the official enrolled document layout (with chapter heading, clerk signatures, page numbers, and governor approval line) to a web-based display format that includes site navigation, version history listing, and status metadata.

Website interface elements were added including navigation links (home, accessibility, FAQ, feedback, sitemap, login), bill search tools, version history dropdown, and sharing options.

New Section 21080.71 requires that a geothermal field development project on a site where an exploratory project was deployed under the CEQA exemption must use a baseline for CEQA review reflecting the site before the exploratory project occurred, as identified in the required survey.

New condition (9) in Section 21080.67(a) requires the applicant to submit a preliminary description of anticipated hydraulic fracturing fluid compositions before the lead agency makes its exemption determination, and to disclose actual fluid compositions used when filing under Section 3735.

New subdivision (b) in Section 21080.67 requires the project developer to supply the lead agency with a survey identifying natural resources (sensitive species, habitats, hydrological resources including groundwater wells, springs, and aquifers) and tribal, historical, and other cultural resources before the lead agency can determine the project is exempt from CEQA.

Condition (8) was simplified from a detailed two-option prevailing wage certification (public work status or general prevailing rate of per diem wages with contract flow-down requirements) to a single requirement that the applicant provide a legally binding commitment to comply with Section 21183.5.

The no-reimbursement provision was renumbered from Section 4 to Section 5 to accommodate the new Section 21080.71 inserted as Section 4.

The maximum land disturbance threshold for qualifying geothermal exploratory projects was reduced from 20 acres to 12 acres of previously undisturbed ground.

Condition (8) now requires the project applicant to provide a legally binding commitment to comply with Section 21183.5 (the CEQA prevailing wage provision), rather than simply certifying that prevailing wages will be paid. The detailed prevailing wage language is retained but reframed as part of this binding commitment.

A new subdivision (b) was added stating that if the lead agency determines a project is not subject to the CEQA exemption under this section, the requirements of Section 21183.5 shall still apply, ensuring prevailing wage protections are not lost for non-exempt projects.

The bill title was corrected from 'to add and repeal Section 21080.67 to, of' to 'to add Section 21080.67 of,' removing the erroneous reference to a repeal since the section is newly added.

Subdivisions were renumbered (old b through e became c through f) to accommodate the new subdivision (b), and various typos were fixed including a duplicated word 'include include' and a doubled 'would would' in the digest.

Increased the maximum land disturbance threshold from 5 acres to 20 acres of previously undisturbed ground, allowing much larger projects to qualify for the CEQA exemption.

Added a 100-foot buffer zone: the project footprint must not only avoid sensitive resources (wetlands, rivers, conservation lands, species habitat) but also must not lie within 100 feet of them.

Changed the protected habitat condition from 'critical habitat' to 'identified habitat for species of special status,' broadening which habitats trigger the exemption restriction.

Added an exception to the river/stream/riparian corridor restriction for crossings undertaken pursuant to a Department of Fish and Wildlife agreement under the Endangered Species Act provisions of the Fish and Game Code.

The prevailing wage certification requirement was moved from a separate provision applying only to private entities into a general condition (8) that applies to all geothermal exploratory projects seeking the exemption, regardless of whether they are public or private.

Added a new indemnity bond provision allowing the lead agency to require the project applicant to file a bond in an amount sufficient to cover supplemental reclamation costs beyond what is already required by the Geologic Energy Management Division.

Added a requirement that if the lead agency determines a project is exempt from CEQA and approves it, the agency must file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk.

Added a sunset provision: the entire CEQA exemption section (21080.67) expires and is repealed on January 1, 2031.

Changed 'roads' to 'temporary roads' in the definition of geothermal exploratory project, narrowing what infrastructure qualifies under the definition.

The bill's fiscal designation changed from 'State-mandated local program: no' to 'yes,' acknowledging that counties will bear new state-mandated responsibilities for administering the exemption.

The CEQA relief mechanism changed from a 'conclusive presumption' that requirements were satisfied (CEQA technically still applied) to an outright exemption where CEQA does not apply at all. The exemption is now limited to projects for which a county is the lead agency pursuant to Section 3715.5, rather than applying to any project where the lead agency makes the determination.

The bill now imposes a state-mandated local program (changed from 'no' to 'yes') because counties must determine whether projects qualify for the exemption when they serve as lead agency.

The maximum well pad disturbance threshold was increased from five acres to 20 acres of previously undisturbed ground, significantly expanding which projects qualify for the exemption.

The requirement that wells in a geothermal exploratory project be located at least one-half mile from geothermal development wells capable of producing resources in commercial quantities was removed from the definition in Section 21065.5.

The prevailing wage certification requirement was restructured from a standalone subdivision (b) into condition (8) within the list of exemption conditions in subdivision (a), making it a prerequisite for the exemption rather than a separate obligation triggered after CEQA compliance.

A new Section 4 was added stating that no state reimbursement is required under Article XIII B of the California Constitution because local agencies have authority to levy service charges, fees, or assessments sufficient to cover the mandated program costs.

The bill summary corrected a drafting error: it previously referenced adding 'Section 3715.6' but now correctly references 'Section 21080.67' of the Public Resources Code.

The bill now amends Section 21065.5 and adds Section 21080.67 in addition to adding Section 3715.6, broadening its reach across multiple parts of the Public Resources Code.

The definition of 'geothermal exploratory project' is expanded to include equipment and activities for interconnectivity between wells and reservoirs, roads, electric distribution lines, and power infrastructure for drilling and testing equipment. A new requirement adds that wells must be at least one-half mile from geothermal development wells capable of commercial production.

A new CEQA exemption (Section 21080.67) replaces the original 'conclusive presumption' approach. The exemption applies only if seven conditions are met: no commercial production, well pads disturb no more than 5 acres of previously undisturbed ground, footprint excludes wetlands/riparian areas/conservation lands/critical habitat/easement lands, no unusual circumstances causing significant impact, not on a hazardous waste site list, no substantial adverse change to historical or tribal cultural resources, and full reclamation with native plant reestablishment.

A new 30-day public notice requirement mandates that the lead agency post written notice of its intent to apply the exemption on its website and at the project site before making a determination to approve or carry out a change in use.

The prevailing wage certification requirement (for private entities) is retained but relocated into the new Section 21080.67, tying it directly to the exemption rather than the presumption mechanism.