2007 California Public Resources Code Article 3. Allocation And Use Of Revenues

CA Codes (prc:3820-3827)

3820.  (a) The Geothermal Resources Development Account is hereby
created in the General Fund.
   (b) All revenues received by the state pursuant to Section 35 of
the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec.
191), with respect to activities undertaken pursuant to the
Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section
1001) of Title 30 of the United States Code) shall be deposited in
the Geothermal Resources Development Account immediately upon
receipt, and are hereby continuously appropriated from the account
for expenditure or transfer in the manner and at the times specified
in this article.
   (c) Commencing with the 1980-81 fiscal year, two million dollars
(,000,000), or so much thereof as may be necessary, of the revenues
received by the state pursuant to Section 35 of the Mineral Lands
Leasing Act of 1920, as amended (30 U.  S.C. Sec. 191), from sources
other than activities undertaken pursuant to the Geothermal Steam Act
of 1970  (Chapter 23 (commencing with Section 1001) of Title 30 of
the United States Code) shall be deposited each fiscal year in the
account until a total amount is deposited which is equal to the
revenues that were received by the state on and after January 1,
1976, from activities undertaken pursuant to the Geothermal Steam Act
of 1970, but which were not deposited in the account pursuant to
subdivision (b).  The revenues so deposited are hereby continuously
appropriated from the account for expenditure or transfer in the
manner and at the times specified in this article.  The deposit of
revenues required by this subdivision are in addition to the deposit
of revenues required by subdivision (b).



3821.  (a) Upon receipt and deposit of revenues in the Geothermal
Resources Development Account, 40 percent of the revenues derived
from the sale of a lease, and any bonus paid in connection therewith,
shall be immediately disbursed by the State Controller to the county
of origin; and 40 percent of the revenues consisting of royalties
and rents shall be immediately disbursed to all counties of origin in
proportion to the amounts of the revenues derived from existing
leases within each county of origin.  If a lease includes land in
more than one county, each county's share shall be computed on the
basis of the ratio that the acreage within each county bears to the
total acreage in the lease.
   (b) Each county of origin shall establish for deposit of such
revenues an account or fund separate from the other accounts and
funds of the county, and may expend such revenues only for the
purposes specified in this chapter.



3822.  (a) Thirty percent of the revenues received and deposited in
the Geothermal Resources Development Account shall be available for
expenditure by the commission as grants or loans to local
jurisdictions or private entities without regard to fiscal years.
These revenues shall be held by the commission in the Local
Government Geothermal Resources Revolving Subaccount, which is hereby
created in the Geothermal Resources Development Account.  Loan
repayments shall be deposited in the subaccount and shall be used for
making additional grants and loans pursuant to Section 3823.
   (b) No local jurisdiction shall be eligible to apply for a grant
or loan pursuant to this section unless its governing body approves
the application by resolution.
   (c) Each recipient of a grant or loan made pursuant to this
section shall establish, for the deposit of the revenues, an account
or fund that is separate from the other accounts and funds of the
recipient, and may expend the revenues only for the purposes
specified in this chapter.
   (d) The commission shall make grants and loans pursuant to this
section irrespective of whether a local jurisdiction is a county of
origin.
   (e) Any of the revenues that are not disbursed as grants or loans
pursuant to this section during the fiscal year received shall be
retained in the subaccount and may be disbursed as grants or loans
pursuant to this section in succeeding fiscal years.
   (f) (1) Any loan made under this section shall:
   (A) Not exceed 80 percent of the local jurisdiction's costs.
   (B) Be repaid together with interest within 20 years from receipt
of the loan funds.
   (2) Notwithstanding any other provision of law, the commission
shall, unless it determines that the purposes of this chapter would
be better served by establishing an alternative interest rate
schedule, periodically set interest rates on the loans based on
surveys of existing financial markets and at rates not lower than the
Pooled Money Investment Account.
   (g) Any loan or grant made to a private entity under this section
shall (1) be matched with at least an equal investment by the
recipient, (2) provide tangible benefits, as determined by the
commission, to a local jurisdiction, and (3) be approved by the city,
county, or Indian reservation within which the project is to be
located.
   (h) The commission may require an award repayment or program
reimbursement agreement of any recipient of a grant or loan made
pursuant to this section.



3822.1.  Notwithstanding any other provision of law, commencing with
the 1984-85 fiscal year and in each fiscal year thereafter, any
revenues not granted pursuant to Section 3822 remaining in the
Geothermal Resources Development Account and any revenues expected to
be received and disbursed during the 1984-85 fiscal year and in each
fiscal year thereafter shall be made a part of the Governor's
Budget.  Projects approved by the State Energy Resources Conservation
and Development Commission under this chapter shall be submitted for
review and comment to the Department of Finance, the Legislative
Analyst, and the Joint Legislative Budget Committee when the
Legislature is in session.  After a 30-day period, the commission
shall execute the funding agreements.  The commission shall submit to
the Legislature by April 1 of each year, a list of projects, in
priority order, selected and approved during the previous year.



3822.2.  (a) Notwithstanding any other provision of law, the State
Energy Resources Conservation and Development Commission may expend
funds, from that portion of the Geothermal Resources Development
Account used by the commission for grants and loans, to provide
direct technical assistance to local jurisdictions which are eligible
for grants and loans pursuant to Section 3822.
   (b) The total of all amounts expended pursuant to this section
shall not exceed 5 percent of all funds available under Section 3822
or one hundred thousand dollars (0,000), whichever amount is less.

   (c) In making expenditures under this section, the commission
shall consider, but not be limited to a consideration of, all of the
following:
   (1) The availability of energy resource and technology
opportunities.
   (2) The project definition and likelihood of success.
   (3) Local needs and potential project benefits.



3823.  Revenues disbursed to counties of origin pursuant to Section
3821 and grants or loans made to local jurisdictions or private
entities pursuant to Section 3822 shall be expended by the recipient
for the following purposes:
   (a) Undertaking research and development projects relating to
geothermal resource assessment and exploration, and direct-use and
electric generation technology.
   (b) Local and regional planning and policy development and
implementation necessary for compliance with programs required by
local, state, or federal laws and regulations.
   (c) Identification of feasible measures that will mitigate the
adverse impacts of the development of geothermal resources and the
adoption of ordinances, regulations, and guidelines to implement
those measures.
   (d) Collecting baseline data and conducting environmental
monitoring.
   (e) Preparation or revision of geothermal resource elements, or
geothermal components of energy elements, for inclusion in the local
general plan, zoning and other ordinances, and related planning and
environmental documents.
   (f) Administrative costs incurred by the local jurisdiction that
are attributable to the development or production of geothermal
resources.
   (g) Monitoring and inspecting geothermal facilities and related
activities to assure compliance with applicable laws, regulations,
and ordinances.
   (h) Identifying, researching, and implementing feasible measures
that will mitigate the adverse impacts of that development or
production.
   (i) Planning, constructing, providing, operating, and maintaining
those public services and facilities that are necessitated by and
result from the development or production.
   (j) Undertaking projects demonstrating the technical and economic
feasibility of geothermal direct heat and electrical generation
applications.
   (k) Undertaking projects for the enhancement, restoration, or
preservation of natural resources, including, but not limited to,
water development, water quality improvement, fisheries enhancement,
and park and recreation facilities and areas.



3824.  Subject to the requirements of Section 3824.5, revenues
disbursed to counties of origin pursuant to Section 3821 may be
expended for the repair and maintenance of capital assets, including
roads, bridges, aviation facilities, buildings, and parking areas.
These revenues, including unencumbered revenues already accumulated,
may also be expended for the construction of jail facilities.



3824.5.  Revenues disbursed to counties of origin pursuant to
Section 3821 may be expended for purposes unrelated to geothermal
development only in counties where there is no new geothermal
development and substantial planning, maintenance, and environmental
mitigation of geothermal development have been achieved.



3825.  Thirty percent of the revenues received and deposited in the
Geothermal Resources Development Account shall, upon receipt by the
Controller, be transferred to the Renewable Resources Investment Fund
and shall be available, upon appropriation by the Legislature, for
expenditure for the purposes of Section 34000.




3826.  For all lands of the United States which are received by the
State Lands Commission as indemnity lands pursuant to Section 851 of
Title 43 of the United States Code after July 1, 1980, the revenue
received by the state from the leasing of these lands for geothermal
development shall be distributed as follows:
   (a) Fifty percent of all revenues shall be deposited in the
Geothermal Resources Development Account and disbursed pursuant to
this chapter.
   (b) Fifty percent of all revenues shall be deposited in the
Teachers' Retirement Fund and shall be expended pursuant to Section
24702 of the Education Code.


3827.  If federal geothermal lease lands are transferred to the
state for any reason, the lease revenues shall continue to be
deposited into the accounts specified pursuant to Section 3826.