Pennsylvania HB 2076: An Act providing for geothermal energy development; imposing duties on the Department of Environmental Protection; promulgating regulations; establishing the Geothermal Energy Development Fund; and imposing penalties.

Bill Text

PRIOR PRINTER'S NOS. 2659, 3176 PRINTER'S NO. 3319
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2076
Session of
2025
INTRODUCED BY VENKAT, C. WILLIAMS, FIEDLER, CONKLIN, WAXMAN,
MERSKI, HILL-EVANS, FRANKEL, SANCHEZ, BOYD, STEELE, CIRESI,
GREEN, WEBSTER AND TAKAC, DECEMBER 1, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 29, 2026
AN ACT
Providing for geothermal energy development; imposing duties on
the Department of Environmental Protection; promulgating
regulations; establishing the Geothermal Energy Development
Fund; and imposing penalties.
Table of Contents
Section 1. Short title.
Section 2. Definitions.
Section 3. Powers and duties.
Section 4. Ownership of geothermal resources.
Section 5. Authorization of projects.
Section 6. Regulations.
Section 7. Estate owner objections and procedures.
Section 8. Geothermal resource units.
Section 9. Liability of a well operator.
Section 10. Public nuisances.
Section 11. Enforcement orders.
Section 12. Restraining violations.
Section 13. Civil penalties.
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Section 14. Existing rights and remedies preserved and
cumulative remedies authorized.
Section 15. Fund.
Section 16. Temporary transition rule.
Section 17. Construction.
Section 18. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Geothermal
Energy Development Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned well." As defined in 58 Pa.C.S. § 3203 (relating
to definitions).
"By-product." Any mineral that is found in solution or in
association with geothermal resources and that has a value of
less than 75% of the geothermal resource or is not, because of
quantity, quality or technical difficulties in extraction and
production, of sufficient value to warrant extraction and
production by itself. The term does not include helium,
hydrogen, oil, hydrocarbon gas or other hydrocarbon substances.
"Class V Underground Injection Control well." An injection
well under a UIC Class V permit that is drilled for the recovery
of geothermal energy for heating, cooling, direct-use thermal
energy, aquaculture or production of electric power.
"Conventional well." As the term "well" is defined in 58
Pa.C.S. § 3203.
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"Department." The Department of Environmental Protection of
the Commonwealth.
"Exploratory well." A borehole drilled as a geophysical test
well, seismic shot hole, mineral exploration drilling, core
drilling or temperature gradient test well and drilled in
prospecting for geothermal resources. The term does not include
a geothermal well or repurposed well.
"Fund." The Geothermal Energy Development Fund established
under section 15(a).
"Geothermal energy project." A project that involves the
production or extraction of a geothermal resource from a
geothermal system through one or more geothermal wells or
repurposed wells.
"Geothermal fluid." Naturally occurring groundwater, brine,
vapor, steam and other fluid artificially introduced into
geothermal formations.
"Geothermal operation." The term includes any of the
following activities related to the operation of a geothermal
well or repurposed well:
(1) conducting geophysical operations;
(2) drilling;
(3) siting;
(4) installing and operating flow lines;
(5) deepening;
(6) recompleting;
(7) reworking;
(8) repurposing;
(9) plugging and abandoning; and
(10) any construction, site preparation, disposing of
geothermal wastes or reclaiming activities associated with
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the activities included in this term.
"Geothermal resource." The natural heat of the earth at
temperatures greater than 40º Celsius and the energy, in
whatever form, below the surface of the earth present in,
resulting from, created by or that may be extracted from, the
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, exclusive of helium, oil, hydrocarbon gas or other
hydrocarbon substances. The term specifically includes:
(1) all products of geothermal processes, including
formation steam, hot water and hot brines;
(2) steam and other gases, hot water and hot brines
resulting from water, gas or other fluids artificially
introduced into geothermal formations;
(3) heat or other associated energy found in geothermal
formations; and
(4) any by-product derived from any item listed under
paragraph (1), (2) or (3).
"Geothermal system." Any strata, pool, reservoir or other
geologic formation containing geothermal resources.
"Geothermal well."