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.

PRINTER'S NO.   2659

                    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
        AND GREEN, DECEMBER 1, 2025

     REFERRED TO COMMITTEE ON ENERGY, DECEMBER 3, 2025


                                       AN ACT
 1   Providing for geothermal energy development; imposing duties on
 2      the Department of Environmental Protection; promulgating
 3      regulations; establishing the Geothermal Energy Development
 4      Fund; and imposing penalties.
 5                            TABLE OF CONTENTS
 6   Section 1.    Short title.
 7   Section 2.    Definitions.
 8   Section 3.    Powers and duties.
 9   Section 4.    Ownership of geothermal resources.
10   Section 5.    Authorization of projects.
11   Section 6.    Regulations.
12   Section 7.    Geothermal resource units.
13   Section 8.    Liability of a well operator.
14   Section 9.    Public nuisances.
15   Section 10.    Enforcement orders.
16   Section 11.    Restraining violations.
17   Section 12.    Civil penalties.
18   Section 13.    Existing rights and remedies preserved and
 1                 cumulative remedies authorized.
 2   Section 14.    Fund.
 3   Section 15.    Temporary transition rule.
 4   Section 16.    Effective date.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.    Short title.
 8      This act shall be known and may be cited as the Geothermal
 9   Energy Development Act.
10   Section 2.    Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Abandoned well."      As defined in 58 Pa.C.S. § 3203 (relating
15   to definitions).
16      "By-product."       Any mineral that is found in solution or in
17   association with geothermal resources and that has a value of
18   less than 75% of the geothermal resource or is not, because of
19   quantity, quality or technical difficulties in extraction and
20   production, of sufficient value to warrant extraction and
21   production by itself. The term does not include helium,
22   hydrogen, oil, hydrocarbon gas or other hydrocarbon substances.
23      "Class V Underground Injection Control well."       An injection
24   well under a UIC Class V permit that is drilled for the recovery
25   of geothermal energy for heating, cooling, direct-use thermal
26   energy, aquaculture or production of electric power.
27      "Conventional well."      As the term "well" is defined in 58
28   Pa.C.S. § 3203.
29      "Department."       The Department of Environmental Protection of
30   the Commonwealth.

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 1      "Exploratory well."     A borehole drilled as a geophysical test
 2   well, seismic shot hole, mineral exploration drilling, core
 3   drilling or temperature gradient test well and drilled in
 4   prospecting for geothermal resources. The term does not include
 5   a geothermal well or repurposed well.
 6      "Fund."    The Geothermal Energy Development Fund established
 7   under section 14(a).
 8      "Geothermal energy project."     A project that involves the
 9   production or extraction of a geothermal resource from a
10   geothermal system through one or more geothermal wells or
11   repurposed wells.
12      "Geothermal fluid."     Naturally occurring groundwater, brine,
13   vapor, steam and other fluid artificially introduced into
14   geothermal formations.
15      "Geothermal operation."     The term includes any of the
16   following activities related to the operation of a geothermal
17   well or repurposed well:
18          (1)    conducting geophysical operations;
19          (2)    drilling;
20          (3)    siting;
21          (4)    installing and operating flow lines;
22          (5)    deepening;
23          (6)    recompleting;
24          (7)    reworking;
25          (8)    repurposing;
26          (9)    plugging and abandoning; and
27          (10)    any construction, site preparation, disposing of
28      geothermal wastes or reclaiming activities associated with
29      the activities included in this term.
30      "Geothermal resource."     The natural heat of the earth at

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 1   temperatures greater than 40º Celsius and the energy, in
 2   whatever form, below the surface of the earth present in,
 3   resulting from, created by or that may be extracted from, the
 4   natural heat and all minerals in solution or other products
 5   obtained from naturally heated fluids, brines, associated gases
 6   and steam, in whatever form, found below the surface of the
 7   earth, exclusive of helium, oil, hydrocarbon gas or other
 8   hydrocarbon substances. The term specifically includes:
 9          (1)     all products of geothermal processes, including
10      formation steam, hot water and hot brines;
11          (2)     steam and other gases, hot water and hot brines
12      resulting from water, gas or other fluids artificially
13      introduced into geothermal formations;
14          (3)     heat or other associated energy found in geothermal
15      formations; and
16          (4)     any by-product derived from any item listed under
17      paragraph (1), (2) or (3).
18      "Geothermal system."    Any strata, pool, reservoir or other
19   geologic formation containing geothermal resources.
20      "Geothermal well."    A borehole drilled or being drilled for
21   the purpose of or to be used for production of geothermal
22   resources, including for electricity production, heating and
23   cooling. The term includes a Class V Underground Injection
24   Control well drilled for the purpose of producing geothermal
25   resources. The term does not include a borehole drilled at or
26   less than 5,000 feet below the surface which is primarily
27   intended for geothermal heat pumps to provide heating or cooling
28   to one or multiple buildings.
29      "Person."    An individual, partnership, association, company,
30   corporation, municipality, municipal authority, Federal or

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 1   Commonwealth administrative agency or an entity that is
 2   recognized by law as the subject of rights and obligations. The
 3   term includes the officers, employees and agents of any legal
 4   entity.
 5      "Public land."    Land that is owned or managed by the
 6   Commonwealth, a municipality or an agency, authority or other
 7   governmental entity of the Commonwealth or a municipality.
 8      "Repurposed well."    An existing conventional well,
 9   unconventional well or abandoned well originally intended for
10   oil and gas production which is repurposed into a geothermal
11   well for geothermal energy production or for the cogeneration of
12   geothermal energy or geothermal resources with oil and gas
13   production, regardless of formation temperature or depth.
14      "Secretary."     The Secretary of Environmental Protection of
15   the Commonwealth.
16      "Subsurface property interest owner."    A property interest
17   owner identified by the records of the recorder of deeds for
18   each county containing a portion of the proposed geothermal
19   energy project who holds a fee simple interest, other freehold
20   interest or leasehold interest in the subsurface of the
21   property, which may include minerals, including coal, oil and
22   gas rights or pore space rights for carbon or natural gas
23   storage. The term does not include the owner of a right-of-way
24   or an easement.
25      "Surface property interest owner."    A property interest owner
26   identified by the records of the recorder of deeds for each
27   county containing a portion of the proposed geothermal energy
28   project who holds a fee simple interest or other freehold
29   interest in the surface of the property, which may include
30   minerals, including coal, oil and gas rights or pore space

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 1   rights for carbon or natural gas storage. The term does not
 2   include the owner of a right-of-way, an easement or a leasehold.
 3      "UIC Class V permit."    A permit issued under 40 CFR Pt. 144
 4   (relating to Underground Injection Control Program) and
 5   regulations promulgated by the Environmental Quality Board that
 6   allows the operation of a Class V Underground Injection Control
 7   well drilled for the purpose of producing geothermal resources.
 8      "Unconventional well."   As defined in 58 Pa.C.S. § 3203.
 9      "Well operator."   An individual, corporation or other legal
10   entity that operates a geothermal energy project.
11   Section 3.   Powers and duties.
12      The department shall have the powers and duties to regulate
13   geothermal energy projects and the exploration, development and
14   production of geothermal wells on public and private land for
15   the purpose of facilitating optimal geothermal resource
16   production while protecting public safety, the environment and
17   natural resources.
18   Section 4.   Ownership of geothermal resources.
19      (a)   General ownership.--The ownership of all geothermal
20   resources in all strata below the surface lands and waters of
21   this Commonwealth shall be vested in the surface property
22   interest owner above the geothermal resources subject to any
23   preexisting rights.
24      (b)   Conveyance.--Subject to any preexisting rights, a
25   conveyance of the surface ownership of real property shall be a
26   conveyance of the geothermal resources in all strata below the
27   surface of the real property unless the ownership interest in
28   the geothermal resources previously has been expressly excepted
29   and reserved, conveyed or otherwise severed from the surface
30   ownership. The ownership of geothermal resources in strata may

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 1   be conveyed in the manner provided by law for the transfer of
 2   real property interests.
 3      (c)   Right to access.--The surface property interest owner
 4   and the owner's lessee, heir or assignee shall be entitled to
 5   drill for and produce energy derived from the geothermal
 6   resources, subject to any preexisting rights. The surface
 7   property interest owner, unless otherwise expressly conveyed,
 8   and its operator, shall comply with all applicable environmental
 9   laws and regulations administered by the department when
10   drilling or producing geothermal resources.
11      (d)   Transparency.--A lease or conveyance of a geothermal
12   resource under any public land for the primary purpose of
13   exploring or producing energy from geothermal resources may not
14   be made without public notice, hearing and a reasonable
15   opportunity for public comment.
16      (e)   Construction.--Nothing in this section shall alter,
17   amend, diminish or invalidate rights to an existing use of
18   subsurface geothermal resources that were acquired by contract
19   or lease prior to the effective date of this paragraph,
20   notwithstanding that the contract or lease was entered into with
21   a subsurface property interest owner or a predecessor to the
22   subsurface property interest owner or with a pore space owner.
23   Section 5.   Authorization of projects.
24      (a)   Resource production.--Geothermal energy projects are
25   authorized in this Commonwealth, including for the purposes of
26   electricity production, heating and cooling. The Environmental
27   Quality Board, in consultation with the Pennsylvania Geological
28   Survey, may promulgate regulations if necessary to implement the
29   provisions of this act and to facilitate optimal geothermal
30   resource production while protecting the Commonwealth's natural

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 1   resources and public health, safety and welfare.
 2      (b)   Right to inspect.--Upon issuance of a permit to
 3   construct or operate a geothermal energy project, the department
 4   may enter onto private or public land, with proper
 5   identification, to inspect any geothermal energy project to
 6   determine if the project is being constructed, operated or
 7   maintained in compliance with all applicable permits and
 8   environmental laws or to investigate any unreasonable risk to
 9   public health, property, natural resources or the environment.
10      (c)   Conditions for authorization.--To operate a geothermal
11   energy project under this section, a well operator must obtain a
12   geothermal well permit issued by the department. The following
13   shall apply:
14            (1)   The Environmental Quality Board shall promulgate
15      regulations and permitting criteria necessary to protect the
16      Commonwealth's natural resources and public health, safety
17      and welfare, to which the following shall apply:
18                  (i)    The regulations shall consider community impact
19            analysis, including setback considerations, in permitting
20            for geothermal energy projects.
21                  (ii)    The department may condition or deny a permit
22            based on the criteria specified in the regulations.
23                  (iii)   The regulations shall include specific
24            permitting criteria for repurposed wells and exploratory
25            wells.
26            (2)   In a decision to issue a final permit for a
27      geothermal well within a census tract with an environmental
28      exposure score in the 80th percentile or greater using the
29      PennEnviroScreen tool provided by the department, the
30      department may require reasonable additional impact

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 1    assessments, public participation, transparency and reporting
 2    measures as part of a permit review or approval.
 3        (3)   The department may charge a permit fee or periodic
 4    management fee sufficient to maintain oversight and
 5    enforcement for geothermal energy projects in this
 6    Commonwealth, not to exceed comparable fees set for the
 7    purpose of oil and gas production from an unconventional,
 8    conventional or carbon dioxide injection well, unless the
 9    department demonstrates that such fees are necessary to
10    maintain oversight and enforcement based on specific well
11    characteristics such as loop system type, type of energy
12    generated and depth. The fees collected under this paragraph
13    shall be deposited into the fund.
14        (4)   The department shall consider the establishment of
15    an expedited permitting process for a person holding an
16    existing well permit under 58 Pa.C.S. § 3211 (relating to
17    well permits) to obtain a permit under this section.
18        (5)   For geothermal energy projects stimulated by any
19    form of hydraulic fracturing or repurposing of an existing
20    well that involves hydraulic fracturing operations, the
21    department shall consider the environmental risks and may
22    instead require the operator to seek an unconventional well
23    permit consistent with 58 Pa.C.S. Ch. 32 Subch. B (relating
24    to general requirements) or to comply with additional permit
25    conditions consistent with section 6.
26        (6)   Upon submission of a permit application, a well
27    operator shall provide notice of application to the surface
28    property interest owners and subsurface property interest
29    owners within a quarter mile of the well bore or other
30    prescribed area of review of the geothermal operation as

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 1    determined by the department.
 2        (7)   (i)     To operate a geothermal energy project under
 3        this section, a well operator shall design the geothermal
 4        energy project as much as practicable to isolate any
 5        existing or future production from the commercially
 6        valuable material, including of the coal or oil and gas
 7        estate, from the subsurface geothermal production area
 8        and shall indicate whether it contains commercially
 9        valuable mineral, including the coal or oil and gas
10        estates and, if it does, a permit may be issued only if
11        the department is satisfied that the interests of the
12        mineral, including coal or oil and gas estate, will not
13        be adversely affected and the subsurface property
14        interest owners have been notified by the operator.
15              (ii)    If a subsurface property interest owner is a
16        producer of a commercially valuable mineral, including
17        coal or oil and gas, the well operator shall notify the
18        subsurface property interest owner in writing and submit
19        a copy of the notice to the department. If, upon receipt
20        of the notice, the subsurface property interest owners
21        express an objection to the department to the design of
22        the geothermal energy project based on the potential
23        adverse effect to a commercially valuable mineral,
24        including the coal or oil and gas estate, the operator
25        shall address the objection to the satisfaction of the
26        department.
27              (iii)    No right to action shall arise with respect to
28        this paragraph if an operator addresses the objection
29        under subparagraph (ii) to the satisfaction of the
30        department in good faith.

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 1      (d)   Dispute resolution.--The department or any person having
 2   a direct interest in a matter subject to this act may, at any
 3   time, request that a conference be held to discuss and attempt
 4   to resolve by mutual agreement a matter arising under this act.
 5   The following shall apply:
 6            (1)   Unless otherwise provided, conferences shall be held
 7      within 90 days after a request is received by the department
 8      and notice shall be given by the department to all interested
 9      parties.
10            (2)   A representative of the department shall attend the
11      conference and the department may make recommendations.
12            (3)   An agreement reached at a conference shall be
13      consistent with this act and, if approved by the department,
14      the agreement shall be reduced to writing and shall be
15      effective unless reviewed and rejected by the department
16      within 10 days after the conference.
17            (4)   The record of an agreement approved by the
18      department shall be kept on file by the department and copies
19      shall be furnished to the parties.
20            (5)   The scheduling of a conference shall have no effect
21      on the department's authority to issue orders to compel
22      compliance with this act.
23      (e)   Class V injection wells.--To operate a Class V
24   Underground Injection Control well for the purpose of producing
25   geothermal resources, a well operator shall obtain a UIC Class V
26   permit or permit-by-rule status and all other permits as
27   required by applicable statutes and regulations.
28      (f)   Oil and gas well conversion.--Upon issuance of all
29   necessary permits for a repurposed well, a person may repurpose
30   any existing conventional or unconventional well, including an

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 1   abandoned well, for the cogeneration of geothermal resources or
 2   geothermal energy with oil and gas production or the production
 3   or use of geothermal resources or geothermal energy for heating,
 4   cooling or electricity production, regardless of depth or
 5   temperature. The department may revoke an issued permit under
 6   this section if it has been determined that a well operator is
 7   knowingly or intentionally attempting to avoid the fulfillment
 8   of obligations under 58 Pa.C.S. § 3220 (relating to plugging
 9   requirements).
10      (g)   Exploratory wells.--Upon issuance of a permit and
11   receiving permission from the surface property interest owner, a
12   person or well operator may drill an exploratory well to
13   identify potential viability for geothermal resource production
14   below the surface of the real property.
15   Section 6.     Regulations.
16      The Environmental Quality Board shall, for purposes of
17   regulating geothermal wells and geothermal operations under this
18   act, promulgate regulations to:
19            (1)   Establish siting, design and other technical
20      specifications and requirements.
21            (2)   Determine performance criteria for repurposed wells
22      to prevent delayed well plugging or improper abandonment.
23            (3)   Require the spacing, drilling, casing, testing,
24      operating, producing, plugging and decommissioning of
25      geothermal wells and repurposed wells to prevent:
26                  (i)    geothermal resources, water, gases or other
27            fluids from escaping into strata other than where it is
28            found, unless in accordance with a UIC Class V permit and
29            approved by the department;
30                  (ii)    pollution of surface and groundwater, including

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 1        wastewater management during well development or
 2        production;
 3              (iii)    premature cooling of any geothermal system by
 4        water encroachment or other means that reduce the
 5        economic recovery of the geothermal resources;
 6              (iv)    blowouts, explosions, fires, cave-ins and
 7        seepage;
 8              (v)    unreasonable disturbance or injury to
 9        surrounding property, existing water rights, public
10        health and the environment; and
11              (vi)    orphaning or abandoning wells without proper
12        site remediation and well plugging.
13        (4)   Establish a decommissioning process for plugging and
14    abandoning a geothermal well, repurposed well and exploratory
15    well.
16        (5)   Establish bonding or other financial security
17    requirements for well operators drilling a geothermal well,
18    repurposed well or exploratory well. The following shall
19    apply:
20              (i)    Regardless of the well depth or drilling
21        technique, the department shall have the authority to set
22        bonding or other financial security requirements in
23        amounts deemed appropriate by the department to remediate
24        the wells and protect the environment, public health and
25        safety.
26              (ii)    The operator shall file cash or individual
27        bonds for each new geothermal well, repurposed well or
28        exploratory well drilled and each abandoned well
29        redrilled.
30              (iii)    In lieu of separate well bonds, the operator

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 1        may file a blanket cash or individual bond in an amount
 2        determined by the department to cover the well operator's
 3        drilling, maintenance or plugging and decommissioning
 4        activities for wells in this Commonwealth.
 5              (iv)    Any bond or other financial security filed with
 6        the department may be terminated or canceled with the
 7        consent of the department.
 8              (v)    The surety may be relieved of all obligations
 9        when the covered well or wells have been properly
10        decommissioned or it has been replaced by another valid
11        bond.
12              (vi)    No bond shall exceed a comparable bond set for
13        an unconventional, conventional or carbon dioxide
14        injection well unless the department demonstrates that
15        the fees are necessary to maintain oversight and
16        enforcement based on specific well characteristics.
17        (6)     Determine criteria necessary to release bonding or
18    other financial assurance.
19        (7)     Establish reasonable fees, not to exceed comparable
20    fees set for unconventional, conventional or carbon dioxide
21    injection wells unless the department demonstrates that the
22    fees are necessary to maintain oversight and enforcement
23    based on specific well characteristics, to cover the costs
24    incurred by the department to administer the provisions of
25    this act.
26        (8)     Establish a process to suspend operations, shut-in a
27    geothermal well or repurposed well and remove equipment from
28    a well if the department has determined the operator is in
29    violation of any rules or regulations established under this
30    act or other environmental laws of this Commonwealth.

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 1          (9)    Determine well reporting, recordkeeping and other
 2      appropriate disclosure requirements for well operators to
 3      file with the department. The department shall require:
 4                 (i)    identification of the location and ownership of
 5          all wells and producing geothermal leases;
 6                 (ii)    filing a notice of intent to drill, redrill,
 7          deepen, permanently alter the casing of a well or abandon
 8          any well. A notice of intent must be approved by the
 9          department prior to commencement of operations;
10                 (iii)    keeping of well logs, including temperature
11          and depth data, and filing accurate copies with the
12          department; and
13                 (iv)    filing any other reasonable reports regarding
14          geothermal operations in this Commonwealth.
15          (10)    Determine criteria for geothermal wells or
16      repurposed wells stimulated by any form of hydraulic
17      fracturing, including any appropriate provisions or
18      regulations under 58 Pa.C.S. Ch. 32 Subch. B (relating to
19      general requirements), if the department determines it is
20      necessary to prevent groundwater contamination or other
21      environmental harms.
22   Section 7.    Geothermal resource units.
23      The Environmental Quality Board may promulgate rules and
24   regulations to establish geothermal resource units applicable to
25   geothermal resources. When promulgating regulations, the
26   department may:
27          (1)    control well spacing and production rates;
28          (2)    control the quantity of geothermal fluid extracted
29      from geothermal resources by methods and procedures
30      determined by the department, including requirements to

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 1      reinject;
 2            (3)   adopt a comprehensive unit plan that encourages
 3      sustainable use of geothermal resources; and
 4            (4)   require equitable compensation for any impacted
 5      owner of a geothermal resource.
 6   Section 8.     Liability of a well operator.
 7      A well operator or individual drilling an exploratory well
 8   shall be liable to any person or agency that sustains damages
 9   from failure of the operator or individual to comply with any of
10   the following:
11            (1)   A permit condition provided under section 5(c).
12            (2)   Any rules or regulations established by the
13      Environmental Quality Board under this act.
14            (3)   Any environmental law administered by the
15      department.
16   Section 9.     Public nuisances.
17      A violation of this act or an order or regulation under this
18   act constitutes a public nuisance.
19   Section 10.    Enforcement orders.
20      (a)   Issuance of orders.--Except as modified by subsections
21   (b), (c) and (d), the department may issue orders necessary to
22   prevent or restrain a violation of this act or rules,
23   regulations, standards, orders or permits adopted or issued
24   under this act or to restrain the maintenance or threat of a
25   public nuisance or to prevent a reasonable likelihood of
26   unlawful conduct or conduct causing immediate and irreparable
27   harm to the public. An order issued under this act shall take
28   effect upon notice, unless the order specifies otherwise. The
29   power of the department to issue an order under this act is in
30   addition to any other remedy available to the department under

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 1   this act or under any other law.
 2      (b)   Suspension and revocation.--
 3            (1)   The department may suspend a well permit for any
 4      well:
 5                  (i)    in continuing violation of any of the following:
 6                         (A)   this act;
 7                         (B)   the act of June 22, 1937 (P.L.1987, No.394),
 8                  known as The Clean Streams Law;
 9                         (C)   the act of July 7, 1980 (P.L.380, No.97),
10                  known as the Solid Waste Management Act; or
11                         (D)   any other statute administered by the
12                  department; or
13                  (ii)    if the likely result of a violation is an
14            unsafe operation or environmental damage.
15            (2)   A suspension order of the department shall
16      automatically terminate if the violation upon which the
17      suspension order is based is corrected by the operator to the
18      satisfaction of the department in order to bring the well
19      into compliance with this act.
20            (3)   The department may revoke a well permit for any well
21      suspended under paragraph (1) if the violation is egregious,
22      repeated or impossible to resolve or if the permittee is
23      unable to comply with the steps necessary to resolve the
24      violation.
25      (c)   Written notice.--Prior to a suspension or revocation
26   order of a well permit under subsection (a), the department
27   shall serve written notice on the well operator or its agent,
28   stating specifically the statutory provision, regulation or
29   other reason relied upon, along with factual circumstances
30   surrounding the alleged violation. If the department suspends or

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 1   revokes the permit or registration, the department may order the
 2   operator to plug the well if the likely result of the violation
 3   is an unsafe operation or environmental damage.
 4      (d)   Immediate orders.--An order of the department requiring
 5   immediate cessation of drilling operations shall be effective
 6   only if authorized by the secretary or a designee.
 7      (e)   Grievances.--A person aggrieved by a final department
 8   order issued under this section shall have the right, within 30
 9   days of receipt of the notice, to appeal to the Environmental
10   Hearing Board.
11   Section 11.    Restraining violations.
12      (a)   Remedies.--
13            (1)   In addition to any other remedy provided in this
14      act, the department may institute a suit in equity in the
15      name of the Commonwealth for an injunction to restrain a
16      violation of this act or rules, regulations, standards or
17      orders adopted or issued under this act and to restrain the
18      maintenance or threat of a public nuisance.
19            (2)   Upon motion of the Commonwealth, the court shall
20      issue a prohibitory or mandatory preliminary injunction if
21      the court finds that the defendant is engaging in unlawful
22      conduct, as defined by this act, or conduct causing immediate
23      and irreparable harm to the public.
24            (3)   The Commonwealth shall not be required to furnish
25      bond or other security in connection with the proceeding.
26            (4)   In addition to an injunction, the court in equity
27      may level civil penalties as specified in section 12.
28      (b)   District attorney.--In addition to other remedies in
29   this act, upon relation of the district attorney of a county
30   affected or upon relation of the solicitor of a municipality

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 1   affected, an action in equity may be brought in a court of
 2   competent jurisdiction for an injunction to restrain a violation
 3   of this act or rules and regulations promulgated under this act
 4   or to restrain a public nuisance or detriment to health.
 5      (c)   Concurrent penalties.--Penalties and remedies under this
 6   act shall be deemed concurrent. Existence or exercise of one
 7   remedy shall not prevent the department from exercising another
 8   remedy at law or in equity.
 9      (d)   Jurisdiction.--Actions under this section may be filed
10   in the appropriate court of common pleas or in Commonwealth
11   Court and those courts are granted jurisdiction to hear actions
12   under this section.
13   Section 12.    Civil penalties.
14      In addition to other remedies available at law or in equity
15   for a violation of this act, a regulation of the department, a
16   departmental order or a permit condition, the department may
17   assess a civil penalty regardless of whether the violation was
18   willful. The following shall apply:
19            (1)   The penalty shall not exceed $50,000 plus $2,000 for
20      each day during which time the violation continues.
21            (2)   In determining the amount, the department shall
22      consider willfulness of the violation, damage or injury to
23      natural resources of this Commonwealth or their uses,
24      endangerment of safety of others, the cost of remedying the
25      harm, savings resulting to the violator as a result of the
26      violation and any other relevant factor.
27            (3)   When the department proposes to assess a civil
28      penalty, the department shall notify the person of the
29      proposed amount of the penalty.
30            (4)   The person charged with the penalty must, within 30

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 1      days of notification, pay the proposed penalty in full or
 2      file an appeal of the assessment with the Environmental
 3      Hearing Board.
 4          (5)    Failure to comply with the time period under this
 5      section shall result in a waiver of all legal rights to
 6      contest the violation or the amount of the penalty.
 7          (6)    The civil penalty shall be payable to the
 8      Commonwealth and collectible in any manner provided at law
 9      for the collection of debts.
10          (7)    If a violator neglects or refuses to pay the penalty
11      after demand, the amount, together with interest and costs
12      that may accrue, shall become a lien in favor of the
13      Commonwealth on the real and personal property of the
14      violator but only after the lien has been entered and
15      docketed of record by the prothonotary of the county where
16      the property is situated.
17          (8)    The department may transmit to the prothonotaries of
18      the various counties certified copies of all liens.
19          (9)    Each prothonotary shall enter and docket the liens
20      of record in the prothonotary's office and index them as
21      judgments are indexed, without requiring payment of costs as
22      a condition precedent to entry.
23   Section 13.    Existing rights and remedies preserved and
24                 cumulative remedies authorized.
25      Nothing in this act prohibits the Commonwealth or a district
26   attorney from proceeding in a court of law or in equity to abate
27   pollution forbidden under this act or a nuisance under existing
28   law. It is declared to be the purpose of this act to provide
29   additional and cumulative remedies to control activities related
30   to drilling for or production of geothermal resources in this

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 1   Commonwealth and nothing contained in this act abridges or
 2   alters rights of action or remedies existing, or which existed
 3   previously, in equity or under common or statutory law, criminal
 4   or civil. Neither this act, the grant of a permit under this act
 5   nor an act done by virtue of this act prohibits the
 6   Commonwealth, in exercising rights under common or decisional
 7   law or in equity, from suppressing a nuisance, abating pollution
 8   or enforcing common law or statutory rights. No court of this
 9   Commonwealth with jurisdiction to abate public or private
10   nuisances shall be deprived of jurisdiction in an action to
11   abate a private or public nuisance instituted by any person on
12   grounds that the nuisance constitutes air or water pollution.
13   Section 14.    Fund.
14      (a)   Establishment.--The Geothermal Energy Development Fund
15   is established as a separate fund within the State Treasury.
16      (b)   Administration.--The department shall administer the
17   fund.
18      (c)   Use of fund.--The fund shall be used for:
19            (1)   the operation and implementation of this act;
20            (2)   defraying the department's expenses associated with
21      processing permit applications;
22            (3)   regulating geothermal operations and their
23      facilities in this Commonwealth; and
24            (4)   decommissioning improperly abandoned facilities.
25      (d)   Interest.--Interest earned by the fund shall be
26   deposited into the fund.
27      (e)   Bond forfeitures.--Forfeited bonds and other financial
28   security instruments shall be deposited into the fund.
29      (f)   Transfer.--Money in the fund may not be transferred to
30   the General Fund or another fund.

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 1      (g)   Penalties.--Penalties imposed for violations of this act
 2   or regulations promulgated under this act and funds received by
 3   the department from financial responsibility mechanisms shall be
 4   remitted to the fund.
 5      (h)   Fees.--All fees collected by the department under this
 6   act shall be deposited into the fund.
 7      (i)   Appropriation.--Money in the fund shall be annually
 8   appropriated by the General Assembly.
 9   Section 15.    Temporary transition rule.
10      Until the Environmental Quality Board promulgates regulations
11   in accordance with section 6 of this act or December 31, 2030,
12   whichever is earlier, the department:
13            (1)   shall continue to treat geothermal wells as wells
14      under 58 Pa.C.S. Ch. 32 (relating to development);
15            (2)   may require geothermal energy projects to seek
16      permits for applicable geothermal wells under 58 Pa.C.S. Ch.
17      32 as either conventional or unconventional wells, as the
18      department determines to be appropriate, notwithstanding that
19      the department shall require any geothermal well stimulated
20      by hydraulic fracturing to seek an unconventional well permit
21      under 58 Pa.C.S. Ch. 32; and
22            (3)   may require geothermal energy projects seeking
23      permits for applicable geothermal wells under 58 Pa.C.S. Ch.
24      32 to comply with modified permit conditions to reflect the
25      differences between geothermal wells and oil and gas wells.
26   Section 16.    Effective date.
27      This act shall take effect immediately.




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