Legislature(2019 - 2020)BUTROVICH 205

03/11/2020 03:30 PM Senate RESOURCES

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Audio Topic
03:31:21 PM Start
03:32:00 PM SB161
04:17:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 161 GEOTHERMAL RESOURCES TELECONFERENCED
Moved CSSB 161(RES) Out of Committee
-- Public Testimony --
+ Presentation: TELECONFERENCED
Geothermal Resources by Steve Masterman, DGGS
Director
**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SB 161-GEOTHERMAL RESOURCES                                                                               
                                                                                                                                
3:32:00 PM                                                                                                                    
VICE  CHAIR COGHILL  announced that  the only  order of  business                                                               
would  be SENATE  BILL NO.  161, "An  Act relating  to geothermal                                                               
resources; relating to the  definition of 'geothermal resources';                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:33:04 PM                                                                                                                    
STEVE MASTERMAN,  Director, Division of Geological  & Geophysical                                                               
Surveys,  Alaska  Department  of  Natural  Resources,  Fairbanks,                                                               
Alaska, advised  that he will  complete the presentation  that he                                                               
started at the introductory hearing  of SB 161. He explained that                                                               
his  primary intent  is to  address  the questions  that came  up                                                               
during the previous hearing.                                                                                                    
                                                                                                                                
MR. MASTERMAN  commenced his  presentation, Alaska  Department of                                                               
Natural  Resources  SB  161  Geothermal  Resources:  Part  2.  He                                                               
displayed slide 2, Overview:                                                                                                    
                                                                                                                                
   • Review of 21 February presentation                                                                                         
                                                                                                                                
   • DNR geothermal leasing history                                                                                             
                                                                                                                                
   • Purpose of SB 161                                                                                                          
                                                                                                                                
   • Sectional summary                                                                                                          
                                                                                                                                
   • Analysis of selected sections & responses to questions                                                                     
                                                                                                                                
MR.  MASTERMAN   displayed  slide   3,  Review  of   21  February                                                               
Presentation:                                                                                                                   
                                                                                                                                
   • Geothermal heat, where technically and economically                                                                        
     accessible, is an excellent form of sustainable energy                                                                     
                                                                                                                                
   • Hydrothermal systems are the most common form of                                                                           
     energy extraction from geothermal heat                                                                                     
                                                                                                                                
   • Complex geologic parameters necessary for a viable                                                                         
      geothermal resource, all present at one location, is                                                                      
     rare                                                                                                                       
                                                                                                                                
   • Alaska contains several potential geothermal resources                                                                     
                                                                                                                                
   • New technologies that will help expand geothermal                                                                          
       development into less favorable geology are on the                                                                       
     horizon                                                                                                                    
                                                                                                                                
He said geothermal  systems are present in a number  of places in                                                               
Alaska. Where it  can be recovered, it is a  very efficient and a                                                               
cost-effective  means  to  obtain  electrical  and  heat  energy.                                                               
Hydrothermal  systems around  old intrusive  bodies or  volcanoes                                                               
are the most common sources  for geothermal heat in the Aleutians                                                               
and across the  belt of granitic bodies in the  Interior. He said                                                               
a fair amount of geologic  information is needed to intercept the                                                               
hot fluids and  get them to the surface without  over drawing the                                                               
reservoir.                                                                                                                      
                                                                                                                                
MR.  MASTERMAN pointed  out that  geothermal energy  technologies                                                               
are  changing   with  a  wider   array  of   geothermal  resource                                                               
development such  as ground  source heat  pumps for  homes, small                                                               
businesses, and  university campuses  across the  nation. Current                                                               
and future geothermal technologies  need a broader understanding,                                                               
he said.                                                                                                                        
                                                                                                                                
3:36:42 PM                                                                                                                    
MR.  MASTERMAN displayed  a map  of Alaska  map on  slide 4  that                                                               
shows  the   granite  and  volcano  related   geothermal  systems                                                               
throughout the  state. He  said the map  provides an  overview of                                                               
Alaska's  hot springs  broken  into  three different  temperature                                                               
bands: warm springs below 50  degrees Celsius on the surface, hot                                                               
springs which  are between  50 and 75  degrees Celsius,  and high                                                               
temperature hot springs  that are above 75  degrees Celsius. Most                                                               
of the hotter springs are along the Aleutians.                                                                                  
                                                                                                                                
VICE  CHAIR COGHILL  noted that  hot springs  proliferate in  the                                                               
Interior.                                                                                                                       
                                                                                                                                
MR. MASTERMAN  agreed. He detailed  that the springs  in Interior                                                               
Alaska  are granite-related  systems  with most  of the  granites                                                               
ranging  in age  from 50  million to  70 million  years. He  said                                                               
geology  plays an  important part  in understanding  the granite-                                                               
related system because fractures host the hot water.                                                                            
                                                                                                                                
VICE CHAIR  COGHILL asked  if there  is any  power at  Manley Hot                                                               
Springs.                                                                                                                        
                                                                                                                                
SENATOR BISHOP  inquired if an  intrusive granite dome,  like the                                                               
Manly Hot Springs Dome, indicates geothermal resources.                                                                         
                                                                                                                                
MR. MASTERMAN  answered that a granite  dome is a good  sign, but                                                               
not all granites are alike.  Geothermal resources require younger                                                               
granites  that are  still cooling  along with  the right  granite                                                               
composition.                                                                                                                    
                                                                                                                                
3:38:33 PM                                                                                                                    
MR.  MASTERMAN  paraphrased  slide   5,  DNR  Geothermal  Leasing                                                               
History:                                                                                                                        
                                                                                                                                
   • Present: Currently there is one company, CYRQ Energy,                                                                      
     with a pending application for geothermal exploration                                                                      
     prospecting permit. A Best Interest Finding should be                                                                      
     issued in Spring 2020.                                                                                                     
                                                                                                                                
   • 2013: Augustine Island 26 tracts were offered. Only                                                                        
      one tract was leased to a private individual and no                                                                       
     exploration  work was  conducted  as a  result of  that                                                                    
     lease sale.                                                                                                                
                                                                                                                                
   • 2008: Mount Spurr 16 tracts leased to Ormat and one                                                                        
     private individual.  Ormat purchased  15 leases  in the                                                                    
     2008  sale and  drilled on  southern flank  of volcano.                                                                    
     They  didn't find  adequate  temperatures  in wells  to                                                                    
     pursue the project. The state has the data available.                                                                      
                                                                                                                                
   • 1986: Mount Spurr On June 24, 1986, DNR offered 2,640                                                                      
     acres  in two  tracts. Both  tracts received  bids. The                                                                    
     lease for  Tract 1 expired  in 1996, and the  lease for                                                                    
     Tract 2 was terminated in 1990.                                                                                            
                                                                                                                                
   • 1983: Mount Spurr DNR held its first geothermal lease                                                                      
     sale in  the Mount Spurr  area on May 17,  1983. 10,240                                                                    
     acres  in   16  tracts  were  offered   in  Competitive                                                                    
     Geothermal Lease Sale 1. One  tract received a bid. The                                                                    
     lease for that tract was terminated in 1992.                                                                               
                                                                                                                                
3:39:20 PM                                                                                                                    
MR. MASTERMAN discussed the following bullet points on slide 6,                                                                 
Purpose of SB 161:                                                                                                              
                                                                                                                                
   • Diversify Alaska's energy portfolio                                                                                        
        o More potential for providing affordable, renewable                                                                    
          energy to villages                                                                                                    
        o More potential for providing power to remote natural                                                                  
          resource extraction projects                                                                                          
        o Promote clean energy industry job creation                                                                            
        o Increase attention to Alaska's geothermal exploration                                                                 
          program                                                                                                               
                                                                                                                                
   • Streamline geothermal licensing by aligning with the oil                                                                   
     and gas exploration license program, increasing feasibility                                                                
     for companies to develop resources                                                                                         
        o More time for a company to identify and prove resource                                                                
          to convert to leases                                                                                                  
        o Conversion to leases based on completion of work                                                                      
          commitment and submission of exploration plan instead                                                                 
          of proving discovery of commercial resource                                                                           
        o Doubles maximum acreage allowed for exploration                                                                       
          license                                                                                                               
                                                                                                                                
   • Reforms definitions for geothermal resources to focus on                                                                   
     Commercial Use                                                                                                             
                                                                                                                                
MR. MASTERMAN  summarized that the  bill is  threefold: diversify                                                               
Alaska's  energy portfolio,  streamline licensing  processes, and                                                               
reform geothermal resource definitions.                                                                                         
                                                                                                                                
He pointed out that Alaska's  energy resources are very petroleum                                                               
centered. Geothermal  resources have  the potential to  be viable                                                               
in  rural communities.  Streamlining geothermal  licensing aligns                                                               
with well  established oil  and gas leasing  that will  help with                                                               
resource exploration.                                                                                                           
                                                                                                                                
He  said  redefining  geothermal  resources  removes  temperature                                                               
criteria,  brings  the  definition  in  line  with  the  evolving                                                               
geothermal industry, and brings focus on commercial uses.                                                                       
                                                                                                                                
3:41:19 PM                                                                                                                    
MR.  MASTERMAN  reviewed  slide 7,  Sectional  Summary,  Reflects                                                               
Proposed Amendments:                                                                                                            
                                                                                                                                
   • Section 1 (AOGCC)                                                                                                          
        o Removes unnecessary reference to AS 41.06 from AS                                                                     
          31.05. (Related to Section 9)                                                                                         
                                                                                                                                
   • Section 2 (DNR)                                                                                                            
        o Changes "permits" to "licenses"                                                                                       
        o Explicit exemption for geothermal resources intended                                                                  
          for domestic, noncommercial, or small-scale industrial                                                                
          use (See also Section 10)                                                                                             
             square4 Amendment deletes "drawn from a depth with a                                                               
               ground temperature of not more than 30 degrees                                                                   
               Celsius"                                                                                                         
        o Removes preferential rights clause. This is an old                                                                    
          water rights provision, not appropriate for commercial                                                                
          geothermal systems.                                                                                                   
                                                                                                                                
   • Section 3 (DNR)                                                                                                            
        o Changes "permits" to "licenses"                                                                                       
        o Replaces lease conversion requirement of commercial                                                                   
          discovery with work commitment.                                                                                       
                                                                                                                                
   • Section 4 (DNR)                                                                                                            
        o Changes "permits" to "licenses"                                                                                       
                                                                                                                                
   • Section 5 (DNR)                                                                                                            
        o Changes "permits" to "licenses"                                                                                       
        o Increases maximum acreage from 51,200 to 100,000.                                                                     
        o Adds provision for rental fees to be defined in                                                                       
          regulation, rather than statute (easier to update).                                                                   
   • Section 6 (DNR)                                                                                                            
        o Changes "permits" to "licenses"                                                                                       
        o Reduces  primary  term  of  license  to  5  years  with                                                               
          reference to lease conversion provision.                                                                              
                                                                                                                                
   • Section 7 (DNR)                                                                                                            
        o Adds  new  subsections  providing  for  unitization  of                                                               
          geothermal leases.                                                                                                    
        o Uses same or  similar language as oil  and gas statutes                                                               
          in AS 38.05.180.                                                                                                      
                                                                                                                                
   • Section 8 (DNR)                                                                                                            
        o  Replaces definition of  geothermal resources. (Same as                                                               
          Section 11)                                                                                                           
                                                                                                                                
   • Section 9 (AOGCC)                                                                                                          
        o Amends AS  41.06.020(e), clarifies  that AS  41.06 does                                                               
          not limit DNR's authority over geothermal resource                                                                    
          management on state land.                                                                                             
                                                                                                                                
   • Section 10 (AOGCC)                                                                                                         
        o Explicit  exemption for  geothermal resources  intended                                                               
          for domestic, noncommercial, or small-scale industrial                                                                
          use (See also Section 2)                                                                                              
             square4 Amendment deletes "drawn from a depth with a                                                               
               ground temperature of not more than 30 degrees                                                                   
               Celsius"                                                                                                         
                                                                                                                                
   • Section 11 (AOGCC)                                                                                                         
        o Amends  definition  of  "geothermal  fluid"  to  remove                                                               
          temperature references and better conform with other                                                                  
          changes in this bill.                                                                                                 
                                                                                                                                
   • Section 12 (AOGCC)                                                                                                         
        o Replaces definition  of geothermal resources.  (Same as                                                               
          Section 8)                                                                                                            
                                                                                                                                
   • Section 13 (AOGCC)                                                                                                         
        o Repeals  AS   41.06.005(b)  and  AS   41.06.030,  since                                                               
          geothermal units are managed by DNR.                                                                                  
                                                                                                                                
   • Sections 1417                                                                                                              
        o General  provisions  for  applicability  and  effective                                                               
          dates.                                                                                                                
                                                                                                                                
MR.  MASTERMAN  summarized  that  much of  the  bill  replaces  a                                                               
permitting system  with a licensing system.  The current two-year                                                               
permit changes to a five-year  license term. The licensing system                                                               
will attract geothermal exploration.                                                                                            
                                                                                                                                
VICE  CHAIR  COGHILL  asked  if the  genesis  of  the  geothermal                                                               
licensing   program  derives   from  oil   and  gas   exploration                                                               
licensing.                                                                                                                      
                                                                                                                                
MR. MASTERMAN  answered no. He  specified that the  bill provides                                                               
more time  for companies  to explore an  area before  deciding on                                                               
whether  to  move  forward  to the  next  step.  Current  statues                                                               
provide two years  before a requirement to  define a commercially                                                               
developable  resource. The  bill provides  more time  and removes                                                               
the requirement  to define a commercially  viable resource, which                                                               
is substantive.                                                                                                                 
                                                                                                                                
SENATOR BISHOP asked  if a license holder could  sell their five-                                                               
year license.                                                                                                                   
                                                                                                                                
MR. MASTERMAN deferred the question to Sean Clifton.                                                                            
                                                                                                                                
3:43:43 PM                                                                                                                    
SEAN CLIFTON, Policy and Program  Specialist, Division of Oil and                                                               
Gas, Alaska  Department of Natural Resources,  Anchorage, Alaska,                                                               
answered  yes,  a license  holder  can  assign their  license  to                                                               
another party.                                                                                                                  
                                                                                                                                
MR.  MASTERMAN   reviewed  slide   8,  Section  2:   Private  Use                                                               
Exemption:                                                                                                                      
                                                                                                                                
   • New language (includes requested amendment):                                                                               
        o A prospecting license or lease is not required under                                                                  
          this   section  to   explore  for,   develop,  or   use                                                               
          geothermal  resources  if  the geothermal  resource  is                                                               
          intended  for domestic,  noncommercial, or  small-scale                                                               
          industrial use.                                                                                                       
                                                                                                                                
   • This explicitly excludes private geothermal users from a                                                                   
     requirement to apply for a license or lease.                                                                               
                                                                                                                                
   • The old definition of geothermal resources technically                                                                     
     provided this exclusion.                                                                                                   
                                                                                                                                
   • The updated definition made this exclusion necessary.                                                                      
                                                                                                                                
MR. MASTERMAN  stated that the  private use  exemption explicitly                                                               
excludes private geothermal  users from requiring a  license or a                                                               
lease in order to develop  their geothermal resources that are on                                                               
their property.  He noted  that the  governor requested  that the                                                               
legislation include a private use exemption.                                                                                    
                                                                                                                                
SENATOR BISHOP  said he  assumes that  the private  use exemption                                                               
still requires somebody to go  through the permitting protocol to                                                               
get drilling approval.                                                                                                          
                                                                                                                                
MR. MASTERMAN answered correct.                                                                                                 
                                                                                                                                
VICE CHAIR COGHILL  asked if the bill easily  defines small scale                                                               
industrial use or if it is an open topic for discussion.                                                                        
                                                                                                                                
MR.  MASTERMAN  answered  that   he  imagined  that  small  scale                                                               
industrial  use is  open to  discussion  because the  legislation                                                               
does not provide a numeric  definition. He said a fish processing                                                               
plant using geothermal  energy is an example of  small scale use,                                                               
but  Alcoa using  geothermal energy  for aluminum  smelting is  a                                                               
large-scale-industrial-use example.                                                                                             
                                                                                                                                
VICE CHAIR  COGHILL said  the examples are  the two  bookends but                                                               
getting into the middle ground could be a little more difficult.                                                                
                                                                                                                                
3:46:16 PM                                                                                                                    
SENATOR  KAWASAKI  noted  that the  bill  removes  the  30-degree                                                               
Celsius  requirement and  asked why  it was  set in  the original                                                               
legislation.                                                                                                                    
                                                                                                                                
MR.  MASTERMAN  answered  that   AOGCC  requested  the  30-degree                                                               
requirement be withdrawn to  provide flexibility in administering                                                               
the  exemption from  regulations. He  noted that  home and  small                                                               
scale uses of geothermal energy  are for low temperature systems.                                                               
Statutes  in the  Lower  48 either  use  the arbitrary  30-degree                                                               
number or the technical temperature limit for PVC pipe.                                                                         
                                                                                                                                
He reviewed  the following bullet  points on slide 9,  Section 2:                                                               
Preferential Rights:                                                                                                            
                                                                                                                                
   • The preferential rights provision is being deleted because                                                                 
     it is inappropriate to the situation (it's more relevant to                                                                
     water rights or other surface use cases not associated with                                                                
     the mineral estate).                                                                                                       
                                                                                                                                
   • Surface owner rights are protected under AS 38.05.130.                                                                     
   • Rights to access the mineral estate are reserved under AS                                                                  
     38.05.125.                                                                                                                 
        o Surface owners must provide reasonable access to                                                                      
          resource developers.                                                                                                  
        o The same condition exists for oil & gas or mining.                                                                    
                                                                                                                                
   • If a surface use agreement can't be reached, resolution                                                                    
     process is in 11 AAC 86.145.                                                                                               
        o DNR holds a hearing wherein the developer must prove                                                                  
          there is no other alternative location for the well or                                                                
          data acquisition.                                                                                                     
        o If the Commissioner concurs, developer posts a bond to                                                                
          compensate landowner for any impacts and work                                                                         
          progresses.                                                                                                           
                                                                                                                                
   • Public notice is a part of the license issuance process,                                                                   
     and surface owners would be included.                                                                                      
                                                                                                                                
MR.  MASTERMAN reiterated  that the  bill attempts  to clarify  a                                                               
distinction between  geothermal resources  treated as an  oil and                                                               
gas or mineral estate and a surface estate.                                                                                     
                                                                                                                                
He  noted  that Senator  Kiehl  brought  up a  possible  conflict                                                               
scenario between a small-scale geothermal  system user for a home                                                               
versus  a  company  that  leases  an area  around  the  home  for                                                               
geothermal use. He said there  are statutory measures in place to                                                               
resolve conflicts between surface and subsurface ownership.                                                                     
                                                                                                                                
3:49:52 PM                                                                                                                    
SENATOR KIEHL  asked for further  explanation of how  the surface                                                               
owner would be protected under AS 38.05.130.                                                                                    
                                                                                                                                
MR. CLIFTON conceded that the  statute is not very explanatory on                                                               
repaying  damages. He  explained  that the  regulation under  the                                                               
statute,   11  AAC   86.145,  clarifies   how  the   commissioner                                                               
approaches  the  problem. If  the  two  parties cannot  reach  an                                                               
agreement,  then the  commissioner will  hold a  hearing to  hear                                                               
both sides. If  the developer cannot prove that  there is another                                                               
way to resolve  the issue, then the commissioner  will direct the                                                               
developer to post a bond for landowner compensation.                                                                            
                                                                                                                                
VICE CHAIR  COGHILL asked  if amending  AS 38.05.181  will impact                                                               
the regulation under AS 38.05.130.                                                                                              
                                                                                                                                
MR. CLIFTON answered that he did  not think so. He explained that                                                               
if a case  came up where the division recognized  a deficiency in                                                               
the regulation, then they would try to revise the regulation.                                                                   
                                                                                                                                
3:52:36 PM                                                                                                                    
SENATOR BISHOP referred  to the right to access  a mineral estate                                                               
under  AS 38.05.125  and asked  if  the commissioner  or a  civil                                                               
court would ultimately resolve a  dispute between a developer and                                                               
a landowner.                                                                                                                    
                                                                                                                                
MR. CLIFTON answered  that private landowners usually  come to an                                                               
agreement  on  surface  use.   However,  the  commissioner  would                                                               
intervene  to ensure  access to  the  mineral estate  if the  two                                                               
parties cannot come to an agreement.                                                                                            
                                                                                                                                
MR. MASTERMAN discussed the following  bullet points on slide 10,                                                               
Section 2: Preferential Rights:                                                                                                 
                                                                                                                                
   • If a surface owner is already using geothermal resource,                                                                   
     DNR protects the surface owner's rights under AS 38.05.130.                                                                
                                                                                                                                
   • If conflict arises, DNR ensures private landowners would                                                                   
     not be left without heat or power, or otherwise damaged by                                                                 
     commercial development.                                                                                                    
                                                                                                                                
   • Scenario is unlikely because private landowners usually                                                                    
     don't have financial resources to develop a commercially                                                                   
     viable geothermal resource.                                                                                                
                                                                                                                                
He  said conflicts  are not  likely to  happen because  there are                                                               
only  a few  places  in  the state  where  there are  overlapping                                                               
interests of geothermal resources and private land ownership.                                                                   
                                                                                                                                
VICE CHAIR COGHILL  said there is a lot of  public land in Alaska                                                               
and private  rights are something  that Alaskans  preciously hold                                                               
to.                                                                                                                             
                                                                                                                                
MR.  MASTERMAN  replied  he  does not  think  the  bill  degrades                                                               
private rights; statutorily protections are in place.                                                                           
                                                                                                                                
3:55:19 PM                                                                                                                    
MR.  MASTERMAN reviewed  the following  on slide  11, Section  2:                                                               
Drilling regulations:                                                                                                           
                                                                                                                                
   • Division of Oil & Gas (DO&G)                                                                                               
        • Licenses or leases access to the resource (subsurface                                                                 
          use).                                                                                                                 
        • Surface   permitting    (pads,     facilities,    and                                                                 
          infrastructure)   in   support   of   exploration   and                                                               
          development.                                                                                                          
                                                                                                                                
   • Alaska Oil & Gas Conservation Commission (AOGCC)                                                                           
        • Ensures prevention of   waste,  protects  correlative                                                                 
          rights,  improves   ultimate  recovery,   and  protects                                                               
          underground freshwater.                                                                                               
        • Issues of  permits   to   drill   wells  is   AOGCC's                                                                 
          jurisdiction.                                                                                                         
        • Jurisdiction over geothermal triggered by temperature                                                                 
          (>120  ?C)  or  commerciality. New  definition  ignores                                                               
          temperature.                                                                                                          
        • Domestic, noncommercial,  or  small-scale  industrial                                                                 
          geothermal well not under AOGCC authority.                                                                            
        • Exception if well may encounter geothermal resources,                                                                 
          fluid,  or water  of enough  heat/pressure to  threaten                                                               
          life/health.                                                                                                          
                                                                                                                                
   • Department of Environmental Conservation (DEC)                                                                             
        • If the incidental discharge enters surface water, need                                                                
          Alaska Pollutant  Discharge Elimination  System (APDES)                                                               
          permit.                                                                                                               
        • DEC Division  of   Water  has   permitted  geothermal                                                                 
          discharges using Plan Review in Lieu of Permit.                                                                       
        • Engineering Support and Plan  Review (ESPR)  conducts                                                                 
          plan  reviews  for   smaller  systems  in  municipality                                                               
          (heating  or  cooling  pumps at  UAA,  U-med  district,                                                               
          hatchery, etc.).                                                                                                      
        • DEC issues permits for hydrostatic testing, including                                                                 
          flushing and aquifer pump testing.                                                                                    
             square4 General permit AKG003000 provides for coverage of                                                          
               land disposal or discharge to surface water.                                                                     
             square4 One geothermal-related authorization issued in                                                             
               2015 for the Akutan Geothermal Project.                                                                          
                                                                                                                                
He  summarized   that  section  2  divides   drilling  regulation                                                               
responsibilities  between  DO&G,  AOGCC, and  DEC.  He  said  the                                                               
section  may address  Senator Kiehl's  earlier questions  in that                                                               
DO&G  looks at  drilling  from the  land  management and  surface                                                               
permitting view point  and they are also the entity  who would be                                                               
collecting any royalties and lease  payments. AOGCC is looking at                                                               
drilling  from the  permitting standpoint  for the  protection of                                                               
ground  water and  the determination  of  whether the  geothermal                                                               
source  is  for private  use  or  commercial  use. DEC  looks  at                                                               
drilling from  the standpoint of  the environmental  impacts from                                                               
using  the water  and any  discharges into  the environment.  DEC                                                               
also issues  permits for hydrostatic  testing and for  aquifer or                                                               
pump testing. He  said the various entities  have different parts                                                               
of the  leasing, permitting, and environmental  compliance aspect                                                               
of a geothermal system.                                                                                                         
                                                                                                                                
3:56:46 PM                                                                                                                    
MR. MASTERMAN reviewed slide 12, Section 7: Royalty reduction:                                                                  
                                                                                                                                
   • Royalty reductions are not permanently established under a                                                                 
     unit agreement (AS 38.05.181(i)).                                                                                          
        • They are adjudicated under the authority described in                                                                 
          sections AS 38.05.181(f) and (j).                                                                                     
        • Same language used in AS  38.05.180(p)  (oil and  gas                                                                 
          unitization).                                                                                                         
        • This aligns  geothermal   management  with   existing                                                                 
          processes in oil and gas management.                                                                                  
                                                                                                                                
   • Royalties have never been paid on geothermal resources, so                                                                 
     exact process not yet established.                                                                                         
        • Will be like the system used for oil and gas.                                                                         
        • Royalties are 1.75 percent of  gross revenue  for the                                                                 
          first 10 years of commercial operation                                                                                
        • Royalties are 3.5  percent after  10  years  (See  AS                                                                 
          38.05.181(g)).                                                                                                        
                                                                                                                                
   • This is like oil and gas royalties.                                                                                        
        • Royalties are paid upon removal of the  resource from                                                                 
          the lease or unit (i.e. sale), regardless of profit.                                                                  
        • Geothermal energy  isn't  a  measurable   volume,  so                                                                 
          royalties    are   paid    on   gross    revenues   (AS                                                               
          38.05.181(g)).                                                                                                        
        • Royalty reduction provisions exist in statute for oil                                                                 
          and gas and are evaluated by application to the                                                                       
          Commissioner under specific circumstances provided for                                                                
         in statute (See AS 38.05.180(j), for example).                                                                         
                                                                                                                                
   • If there is no production, there are no royalties.                                                                         
        • License/lease rental rates are paid per acre.                                                                         
                                                                                                                                
MR. MASTERMAN explained that the  royalty reductions in section 7                                                               
align with the  present oil and gas royalties.  The royalties are                                                               
different, but  the protocols  are basically  the same.  He noted                                                               
that  the  State has  not  charged  for royalties  on  geothermal                                                               
resources,  but the  hope  is to  receive  royalties from  future                                                               
resource development.                                                                                                           
                                                                                                                                
He detailed that  geothermal royalties are 1.75  percent of gross                                                               
revenue for the first 10 years  and that increases to 3.5 percent                                                               
after 10 years.  He said geothermal energy is  a little different                                                               
than oil and  gas in that it  is not a volumetric  product, so it                                                               
is not  like a  barrel of  oil or cubic  feet of  gas. Geothermal                                                               
energy  extraction is  in the  form of  heat or  electricity with                                                               
royalties  based   on  gross  sales   instead  of   the  material                                                               
production volume.  He said no  geothermal sales means  there are                                                               
no royalties.                                                                                                                   
                                                                                                                                
3:58:04 PM                                                                                                                    
VICE CHAIR COGHILL asked if royalties  would be based on the heat                                                               
that a geothermal energy source produces.                                                                                       
                                                                                                                                
MR.  MASTERMAN answered  that the  royalty will  be based  on the                                                               
energy sold, either heat or electricity.                                                                                        
                                                                                                                                
He continued to explain that  another change is that annual lease                                                               
payments,  which are  statutorily set  at $3.00  per acre,  would                                                               
instead be set  by regulation. This would make it  easier for any                                                               
necessary modification.                                                                                                         
                                                                                                                                
VICE CHAIR COGHILL asked if the  lease payments would be based on                                                               
geographical  accessibility, thermal  temperature, or  some other                                                               
criteria.                                                                                                                       
                                                                                                                                
MR. MASTERMAN answered that he  is not aware of any conversations                                                               
within the  department that  would apply a  variable rate  to the                                                               
leasing per  acre. He said  leases are based  on a flat  rate per                                                               
acre for the  entire state, but variable rates  is an interesting                                                               
concept depending  on the attractiveness of  the potential energy                                                               
of the system.                                                                                                                  
                                                                                                                                
4:00:00 PM                                                                                                                    
VICE CHAIR  COGHILL explained that  he asked because  he wondered                                                               
why  a regulation  would be  more useful  than a  blanket statute                                                               
when  the idea  is to  generate better  commerce capacity  in the                                                               
four very different geographic areas  that have thermal energy in                                                               
any kind of mass.                                                                                                               
                                                                                                                                
MR. MASTERMAN suggested Mr. Clifton respond.                                                                                    
                                                                                                                                
MR. CLIFTON  explained that DO&G  wants the per acre  rental rate                                                               
to  be  competitive to  attract  people  to develop  the  state's                                                               
resource. The statutory  $3 per acre is an  archaic holdover that                                                               
needs to be  more flexible to allow the division  to judge rental                                                               
rates  based  on  the circumstances.  Statutory  rates  are  much                                                               
harder to modify.                                                                                                               
                                                                                                                                
4:02:33 PM                                                                                                                    
VICE  CHAIR COGHILL  asked if  putting  the rate  out for  public                                                               
comment would be the division's way to test the market capacity.                                                                
                                                                                                                                
MR. CLIFTON answered yes.                                                                                                       
                                                                                                                                
MR. MASTERMAN displayed slide 13, Section 11: Geothermal fluids:                                                                
                                                                                                                                
     AS 41.06.060(4) is requested to be amended as:                                                                             
                                                                                                                                
          (4)  "geothermal fluid  means  liquids, brines,  water,                                                           
          gases, or  and steam  at temperatures greater  than 120                                                       
          degrees celcius  or any commercial  use of  liquids and                                                             
          steam   naturally   or   artificially  present   in   a                                                         
          geothermal system; "geothermal  fluid" does not include                                                           
          oil,   hydrocarbon   gases,    or   other   hydrocarbon                                                           
          substances  at  temperatures   less  than  120  degrees                                                         
          celsius                                                                                                             
                                                                                                                                
          • Aligns with modernized  definition  for  geothermal                                                                 
             resources.                                                                                                         
                                                                                                                                
          • Not  limited   by   temperature   because   current                                                                 
             technology enables development of cooler geothermal                                                                
             systems.                                                                                                           
                                                                                                                                
          • Distinguishes geothermal  fluids  from  hydrocarbon                                                                 
             resources.                                                                                                         
                                                                                                                                
He  explained that  slide 13  details the  division's request  to                                                               
amend the  bill to change  the definition of  "geothermal fluids"                                                               
to remove the  reference to 120 degrees  Celsius and specifically                                                               
exclude hydrocarbons.                                                                                                           
                                                                                                                                
VICE CHAIR COGHILL asked if the committee had the amendment.                                                                    
                                                                                                                                
MR. MASTERMAN  answered that he believes  it is part of  the bill                                                               
packet.                                                                                                                         
                                                                                                                                
MR.  MASTERMAN  displayed  slide  14,  Sections  8  and  12:  New                                                               
definition:                                                                                                                     
                                                                                                                                
     "Geothermal resources" means the  natural heat of the earth;                                                               
     the  energy, in  whatever  form, below  the  surface of  the                                                               
     earth present  in, resulting from,  or created by,  or which                                                               
     may be extracted  from, such natural heat;  and all minerals                                                               
     in  solution  or  other  products  obtained  from  naturally                                                               
     heated  fluids,  brines,  associated gases,  and  steam,  in                                                               
     whatever form,  found below  the surface  of the  earth; but                                                               
     excluding  oil,  hydrocarbon  gases,  or  other  hydrocarbon                                                               
     substances.                                                                                                                
                                                                                                                                
   • Modern definition for geothermal resources.                                                                                
                                                                                                                                
   • Not limited by temperature because current technology                                                                      
     enables development of cooler geothermal systems.                                                                          
                                                                                                                                
   • Ensures all the State's mineral estate resources are                                                                       
     captured in definition.                                                                                                    
                                                                                                                                
   • Same definition being applied to both DNR & AOGCC statutes.                                                                
                                                                                                                                
MR.  MASTERMAN  explained  that  slide  14  deals  with  the  new                                                               
definition  for  geothermal  resource.  It  removes  120  degrees                                                               
Celsius from  the statute  to allow  more flexibility  to include                                                               
systems at lower temperature that  could be utilizing some of the                                                               
state's geothermal resources and  generating electricity or heat.                                                               
The definition would be the same for DNR and AOGCC.                                                                             
                                                                                                                                
SENATOR KIEHL  noted that slide  13 shows that the  definition of                                                               
geothermal fluid in AS 41.06.060(4)  includes water. However, the                                                               
geothermal  resources definition  in  slide 14  does not  include                                                               
water.  He pointed  out that  the complex  permitting system  has                                                               
AOGCC covering the safety risk  of resource blowout, DEC is doing                                                               
the water, and DO&G is doing  the minerals in the water. He asked                                                               
which department goes first in the process.                                                                                     
                                                                                                                                
4:05:41 PM                                                                                                                    
MR. MASTERMAN replied he did not have an answer.                                                                                
MR.  CLIFTON   explained  that  the  first   thing  a  commercial                                                               
operation would  have to do is  disposal of the land  or disposal                                                               
of the  mineral interest.  The developer  would first  go through                                                               
DO&G for the expiration license and then the lease process.                                                                     
                                                                                                                                
DO&G would  generally approve drilling operations  through a plan                                                               
of operations,  but the specific  approvals for  individual wells                                                               
would come  through AOGCC. Specific  approvals for  discharge and                                                               
other related concerns would come through DEC.                                                                                  
                                                                                                                                
SENATOR KIEHL  asked if AOGCC  will do safety and  resource waste                                                               
prevention as it does with hydrocarbons.                                                                                        
                                                                                                                                
4:07:40 PM                                                                                                                    
DAN  SEAMOUNT,   Geologic  Commissioner,   Alaska  Oil   and  Gas                                                               
Conversation Commission, Anchorage,  Alaska, explained that AOGCC                                                               
is generally the  last in line to approve  drilling permits. They                                                               
ensure the wells are drilled  correctly, that the resource is not                                                               
wasted, and that  production is enhanced as much  as possible. He                                                               
said they  have not  fully figured out  the costs  for geothermal                                                               
because  it is  more complex  than oil  and gas  that is  charged                                                               
based on a formula of  fluid production and injection. AOGCC will                                                               
have  to look  at steam,  water, or  some other  way to  allocate                                                               
costs for geothermal.                                                                                                           
                                                                                                                                
SENATOR KIEHL said  his question was answered;  AOGCC will ensure                                                               
that geothermal resources are not wasted.                                                                                       
                                                                                                                                
VICE CHAIR COGHILL  remarked that geothermal energy is  a work in                                                               
process that hopefully sees some progress.                                                                                      
                                                                                                                                
SENATOR  BISHOP  commented  that the  definition  for  geothermal                                                               
resources warranted  updating. He  pointed out that  Bernie Karl,                                                               
[owner  of  Chena  Hot  Springs  Resort],  has  proven  that  low                                                               
temperature electron generation is possible.                                                                                    
                                                                                                                                
VICE  CHAIR COGHILL  asked Senator  Bishop to  move the  proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
4:09:52 PM                                                                                                                    
SENATOR  BISHOP  moved  to  adopt Amendment  1,  work  order  31-                                                               
GS2177\A.3, Radford, 3/2/2020.                                                                                                  
                                                                                                                                
                          AMENDMENT 1                                                                                           
                                                                                                                                
     Page 1, lines 13 - 14:                                                                                                     
          Delete "drawn from a depth with a ground                                                                            
     temperature of not more than 30 degrees Celsius"                                                                         
                                                                                                                                
     Page 4, lines 26 - 27:                                                                                                     
          Delete "drawn from a depth with a ground                                                                              
     temperature of not more than 30 degrees Celsius"                                                                           
                                                                                                                                
     Page 4, following line 27:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 11. AS 41.06.060(4) is amended to read:                                                                     
               (4)  "geothermal fluid" means liquids,                                                                         
     brines, water,  gases, or [AND] steam  [AT TEMPERATURES                                                                  
     GREATER THAN 120 DEGREES CELSIUS  OR ANY COMMERCIAL USE                                                                    
     OF  LIQUIDS   AND  STEAM]  naturally   or  artificially                                                                  
     present  in  a  geothermal system;  "geothermal  fluid"                                                                  
     does  not  include  oil, hydrocarbon  gases,  or  other                                                                  
     hydrocarbon substances  [AT TEMPERATURES LESS  THAN 120                                                                  
     DEGREES CELSIUS];"                                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 16:                                                                                                           
          Delete "Section 14"                                                                                                   
          Insert "Section 15"                                                                                                   
                                                                                                                                
     Page 5, line 17:                                                                                                           
          Delete "sec. 15"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
VICE  CHAIR COGHILL  objected for  discussion purposes.  He noted                                                               
that the  amendment came  from the  administration and  asked Mr.                                                               
Masterman for an explanation.                                                                                                   
                                                                                                                                
MR.  MASTERMAN explained  that the  first part  of the  amendment                                                               
removes the  30 degrees Celsius  temperature limit  on exclusions                                                               
for domestic or small industrial  uses. AOGCC made the request to                                                               
provide more  flexibility in the exclusion  to small-scale users.                                                               
He said this  change broadens the range of  geothermal systems or                                                               
geothermal  uses that  the statute  would otherwise  exclude from                                                               
leasing and licensing. This will benefit small users.                                                                           
                                                                                                                                
4:11:06 PM                                                                                                                    
VICE CHAIR COGHILL added that this  refers to page 1, lines 13-14                                                               
and page 4, lines 26-27.                                                                                                        
                                                                                                                                
MR. MASTERMAN  explained that  the second  part of  the amendment                                                               
changes the definition of "geothermal  fluid." It removes the 120                                                               
degree  Celsius  temperature  criteria,   which  broadens  it  to                                                               
basically  all   fluids,  and  adds  a   specific  exclusion  for                                                               
hydrocarbons. The change  conforms with the other  changes in the                                                               
definition of geothermal resources.                                                                                             
                                                                                                                                
VICE  CHAIR   COGHILL  asked   Commissioner  Seamount   if  AOGCC                                                               
supported the amendment.                                                                                                        
                                                                                                                                
COMMISSIONER  SEAMOUNT answered  that AOGCC  is in  favor of  the                                                               
bill and the  amendment. They proposed removing  the reference to                                                               
temperatures of 120 degrees Celsius  in the definition of general                                                               
geothermal fluid  so there is  consistency and no  confusion with                                                               
geothermal  resources. For  example, one  of the  most successful                                                               
geothermal  projects in  the world  is in  Klamath Falls,  Oregon                                                               
where  the entire  town  is heated  with  temperatures of  87-112                                                               
degrees Celsius.  He said  he didn't know  if AOGCC  would define                                                               
that as a  geothermal resource at 120 degrees  but somebody could                                                               
make  the  case that  they  couldn't.  He  added that  Chena  Hot                                                               
Springs  Resort probably  produces the  lowest temperature  power                                                               
generation in  the world  at 74 degrees  Celsius, so  120 degrees                                                               
would not come close to applying.                                                                                               
                                                                                                                                
He agreed with Mr. Masterman  that removing the 30 degree Celsius                                                               
reference  would  give  the  commissioner  more  flexibility  and                                                               
latitude.                                                                                                                       
                                                                                                                                
VICE CHAIR  COGHILL said everyone  is very  proud of Mr.  Karl at                                                               
the Chena Hot Springs Resort.                                                                                                   
                                                                                                                                
COMMISSIONER  SEAMOUNT said  he received  his master's  degree in                                                               
geothermics  and   some  literature  says   geothermal  resources                                                               
worldwide  can change  range from  heat  pump use  at 10  degrees                                                               
Celsius  up  to  steam  generation at  350  degrees  Celsius.  He                                                               
reiterated support for the bill and amendments.                                                                                 
                                                                                                                                
4:15:19 PM                                                                                                                    
VICE CHAIR COGHILL removed his  objection to Amendment 1. Finding                                                               
no further objection, he stated that Amendment 1 is adopted.                                                                    
                                                                                                                                
4:15:38 PM                                                                                                                    
VICE CHAIR COGHILL opened public testimony.                                                                                     
                                                                                                                                
4:15:55 PM                                                                                                                    
VICE CHAIR COGHILL closed public testimony.                                                                                     
                                                                                                                                
SENATOR  BISHOP  remarked that  the  state  is obviously  in  new                                                               
territory.  He asked  if  DNR and  AOGCC have  reached  out to  a                                                               
country like Iceland to inquire about geothermal best practices.                                                                
                                                                                                                                
MR. MASTERMAN  answered that inquiries  are being made.  He noted                                                               
that he  has reached  out to geological  associations in  all the                                                               
states to  review their  regulations, statutory  definitions, and                                                               
how they address issues with small scale versus industrial uses.                                                                
                                                                                                                                
4:17:27 PM                                                                                                                    
SENATOR BISHOP moved  to report CSSB 161,  version 31-GS2177\A as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
4:17:40 PM                                                                                                                    
VICE CHAIR COGHILL  said there being no  objection, CSSB 161(RES)                                                               
moved from the Senate Resources Standing Committee.                                                                             

Document Name Date/Time Subjects
SB 161 ver. A.pdf SRES 2/10/2020 3:30:00 PM
SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 Sponsor Statement 2.4.2020.pdf SRES 2/10/2020 3:30:00 PM
SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 DNR Response to Committee Questions 2.20.2020.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 2020_GeothermalMap_optimized.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB161 Presentation to SRES Geothermal 3.11.20.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 Draft Amendment v. A.3.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 Fiscal Note - DCCED-AOGCC-01-21-2020.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 Fiscal Note - DNR-DGGS-01-21-2020.pdf SRES 3/11/2020 3:30:00 PM
SB 161
SB 161 Fiscal Note - DNR-DOG-01-21-2020.pdf SRES 3/11/2020 3:30:00 PM
SB 161