Legislature(2021 - 2022)ADAMS 519

04/26/2022 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 71 COUNCIL ON ARTS: PLATES & MANAGE ART TELECONFERENCED
Moved HCR CSSB 71(STA) Out of Committee
-- Public Testimony --
+= HB 135 GEOTHERMAL RESOURCES TELECONFERENCED
Moved CSHB 135(RES) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 135                                                                                                            
                                                                                                                                
     "An Act relating to geothermal resources; relating to                                                                      
     the   definition   of   'geothermal   resources';   and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
9:09:32 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick relayed that  the committee last considered                                                                    
the bill on March 17, 2022.                                                                                                     
                                                                                                                                
KALEY  PAINE,  DEPUTY DIRECTOR,  DIVISION  OF  OIL AND  GAS,                                                                    
DEPARTMENT  OF   NATURAL  RESOURCES   (via  teleconference),                                                                    
thanked the  committee for hearing  the bill and  provided a                                                                    
brief recap of  the bill. She explained that  the bill would                                                                    
modernize  the  states    geothermal  licensing  program  to                                                                    
enable more  efficient development of  geothermal resources.                                                                    
The legislation  would lead  to more  successful exploration                                                                    
of  geothermal resources.  In  addition,  HB 135  modernized                                                                    
geothermal  definitions  to  match current  technologies  in                                                                    
exploration and development.                                                                                                    
                                                                                                                                
Representative Wool  referenced the  use and  definitions of                                                                    
geothermal and ocean  sourced or ground heat  pumps that was                                                                    
the   latent  temperature of  the earth.  He understood  the                                                                    
bill did  not cover noncommercial applications.  He asked if                                                                    
heat  pumps  would count  as  geothermal  and what  was  the                                                                    
difference  between noncommercial  and  commercial use.  Ms.                                                                    
Paine answered that  when the Division of Oil  and Gas (DOG)                                                                    
regulated  geothermal  resources  it regulated  the  mineral                                                                    
estate  that was  the  heat sourced  from  the mineral  core                                                                    
space  of the  earth. She  deduced that  Representative Wool                                                                    
was referencing  the heat differentials in  the water, which                                                                    
would  be  regulated  more   by  Federal  Energy  Regulatory                                                                    
Commission (FERC) that was similar  to hydropower. She added                                                                    
that the  bill looked  to regulate subsurface  minerals; the                                                                    
geology of  the earth  itself. Representative  Wool surmised                                                                    
that a ground source heat pump  that did not go too deep did                                                                    
not  count  under  the  bill.  Ms.  Paine  answered  in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
9:13:33 AM                                                                                                                    
                                                                                                                                
Representative  Johnson  recalled  that  the  committee  had                                                                    
taken up  a bill  where the  legislature took  a temperature                                                                    
requirement for geothermal out of  the definition. Ms. Paine                                                                    
agreed that  HB 135 modernized the  definition of geothermal                                                                    
resources  and  removed  a specific  energy  threshold.  She                                                                    
indicated  that technology  had evolved  to the  point where                                                                    
there was  not a  specific temperature threshold  from which                                                                    
geothermal  energy  may  be produced.  She  exemplified  the                                                                    
Chena  Hot  Springs  that  produced  energy  at  90  degrees                                                                    
Celsius  versus  the  120  degrees  that  was  currently  in                                                                    
statute  and  the  bill would  change.  The  bill  addressed                                                                    
temperatures  and  sought  to  define  geothermal  resources                                                                    
based on the location of the  heat from the earth as well as                                                                    
for  the  specific  uses  of   geothermal  energy  such  as,                                                                    
commercial, large  scale, and for sale.  Representative Wool                                                                    
asked   about  the   delineation   between  commercial   and                                                                    
noncommercial.  He  wondered  whether   there  was  a  power                                                                    
capacity  or   threshold.  Ms.  Paine  responded   that  the                                                                    
threshold   would  be   based  on   commerciality  and   was                                                                    
predicated on whether it was  for sale for economic purposes                                                                    
to multiple end users. She  communicated that a megawatt and                                                                    
kilowatt threshold would not be  enshrined in statute at the                                                                    
time because it may vary depending on use.                                                                                      
                                                                                                                                
9:16:03 AM                                                                                                                    
                                                                                                                                
Representative Wool  hypothesized that if a  fish processing                                                                    
plant in a  remote location with access  to geothermal power                                                                    
sold surplus  power to a  neighboring village it  would then                                                                    
be considered  commercial use. Ms. Paine  replied that under                                                                    
the described  situation provided by Representative  Wool it                                                                    
would not involve  an exploration license or  permit, but it                                                                    
would involve  other permits for  drilling, water,  etc. She                                                                    
confirmed  that under  the example,  if the  plant sold  the                                                                    
power  to   a  community   utility,  it  would   qualify  as                                                                    
commercial use.                                                                                                                 
                                                                                                                                
9:17:35 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick OPENED public testimony.                                                                                       
                                                                                                                                
GEOFF SIMPSON,  SERC ENERGY, COLORADO  (via teleconference),                                                                    
spoke in  support of the  bill. He shared  information about                                                                    
the   geothermal   development    and   operation   company,                                                                    
Sustainable  Energy Resources  for Consumers  (SERC) Energy.                                                                    
He  related  that  the company  produced  200  megawatts  of                                                                    
energy at 6  facilities in the western  United States (U.S.)                                                                    
and was  a subsidiary of Macquarie  Infrastructure Holdings,                                                                    
LLC,  which was  one of  the worlds   largest infrastructure                                                                    
companies. He indicated that SERC  was seeking to develop an                                                                    
additional 250  megawatts of  geothermal energy  projects in                                                                    
the  next 8  to 10  years including  in Alaska.  The company                                                                    
currently  held  a  prospecting permit  at  Mt.  Spur  which                                                                    
encompassed approximately  8,000 acres. He pointed  out that                                                                    
SERC  favored  allowing  a  five  year  exploration  license                                                                    
versus a  two-year prospecting permit. He  explained that it                                                                    
was difficult  to mount a geothermal  exploration program in                                                                    
Alaska with  only a two-year window.  It could take up  to a                                                                    
year  to define  and plan  an exploration  program that  may                                                                    
lead to producing commercial quantities  of energy. He added                                                                    
that  it could  easily take  another two  to three  years to                                                                    
develop  the site  and  plant  infrastructure. He  indicated                                                                    
that  a  five-year  license  was   much  more  realistic.  A                                                                    
developer  could  commit  a  significant  budget  towards  a                                                                    
discovery  effort with  the awareness  that  a 10-year  non-                                                                    
competitive lease would be issued.                                                                                              
                                                                                                                                
9:20:24 AM                                                                                                                    
                                                                                                                                
ERIC    ANDERSON,   GEO    ALASKA,   LLC,    GIRDWOOD   (via                                                                    
teleconference), shared  that the  company had  a commercial                                                                    
geothermal  prospecting permit  of over  6,000 acres  on Mt.                                                                    
Spur  with the  goal of  developing 50  to 100  megawatts of                                                                    
stable power  for the Railbelt  grid. He indicated  that his                                                                    
group supported the bill.                                                                                                       
                                                                                                                                
9:21:29 AM                                                                                                                    
                                                                                                                                
Co-Chair Merrick CLOSED public testimony.                                                                                       
                                                                                                                                
Representative  Carpenter asked  if the  two companies  that                                                                    
had testified  were looking  at separate  or the  same land.                                                                    
Ms. Paine answered that the  two geothermal prospectees were                                                                    
in  the  same  region  but  were  on  separate  tracks.  She                                                                    
expounded  that neither  company wanted  to compete  against                                                                    
each other for  the same track and  were exploring different                                                                    
regions.                                                                                                                        
                                                                                                                                
9:23:08 AM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  MOVED  to  REPORT  CSHB  135(RES)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 135(RES) was  REPORTED out of committee  with eight "do                                                                    
pass"   recommendations   and    two   "no   recommendation"                                                                    
recommendations  and  with  one  previously  published  zero                                                                    
fiscal note: FN3 (DNR); and one previously published fiscal                                                                     
impact note: FN4 (DNR).                                                                                                         
                                                                                                                                
9:23:34 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:23:59 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick reviewed the schedule for the afternoon                                                                        
meeting.                                                                                                                        
                                                                                                                                

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