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.

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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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.
20250HB2076PN3319 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"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
20250HB2076PN3319 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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." A borehole drilled or being drilled for
the purpose of or to be used for production of geothermal
resources, including for electricity production, heating and
cooling. The term includes a Class V Underground Injection
Control well drilled for the purpose of producing geothermal
resources. The term does not include a borehole drilled at or
less than 5,000 feet below the surface which is primarily
intended for geothermal heat pumps to provide heating or cooling
to one or multiple buildings.
20250HB2076PN3319 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"Person." An individual, partnership, association, company,
corporation, municipality, municipal authority, Federal or
Commonwealth administrative agency or an entity that is
recognized by law as the subject of rights and obligations. The
term includes the officers, employees and agents of any legal
entity.
"Public land." Land that is owned or managed by the
Commonwealth, a municipality or an agency, authority or other
governmental entity of the Commonwealth or a municipality.
"Repurposed well." An existing conventional well,
unconventional well or abandoned well originally intended for
oil and gas production which is repurposed into a geothermal
well for geothermal energy production or for the cogeneration of
geothermal energy or geothermal resources with oil and gas
production, regardless of formation temperature or depth.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Subsurface property interest owner." A property interest
owner identified by the records of the recorder of deeds for
each county containing a portion of the proposed geothermal
energy project who holds a fee simple interest, other freehold
interest or leasehold interest in the subsurface of the
property, which may include minerals, including coal, oil and
gas rights or pore space rights for carbon or natural gas
storage. The term does not include the owner of a right-of-way
or an easement.
"Surface property interest owner." A property interest owner
identified by the records of the recorder of deeds for each
county containing a portion of the proposed geothermal energy
project who holds a fee simple interest or other freehold
20250HB2076PN3319 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
interest in the surface of the property, which may include
minerals, including coal, oil and gas rights or pore space
rights for carbon or natural gas storage. The term does not
include the owner of a right-of-way, an easement or a leasehold.
"UIC Class V permit." A permit issued under 40 CFR Pt. 144
(relating to Underground Injection Control Program) and
regulations promulgated by the Environmental Quality Board that
allows the operation of a Class V Underground Injection Control
well drilled for the purpose of producing geothermal resources.
"Unconventional well." As defined in 58 Pa.C.S. § 3203.
"Well operator." An individual, corporation or other legal
entity that operates a geothermal energy project.
Section 3. Powers and duties.
The Environmental Quality Board shall have the power and duty
to promulgate rules and regulations to carry out the provisions
of this act.
Section 4. Ownership of geothermal resources.
(a) General ownership.--The ownership of all geothermal
resources in all strata below the surface lands and waters of
this Commonwealth shall be vested in the surface property
interest owner above the geothermal resources subject to any
preexisting rights.
(b) Conveyance.--Subject to any preexisting rights, a
conveyance of the surface ownership of real property shall be a
conveyance of the geothermal resources in all strata below the
surface of the real property unless the ownership interest in
the geothermal resources previously has been expressly excepted
and reserved, conveyed or otherwise severed from the surface
ownership. The ownership of geothermal resources in strata may
be conveyed in the manner provided by law for the transfer of
20250HB2076PN3319 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
real property interests.
(c) Right to access.--The surface property interest owner
and the owner's lessee, heir or assignee shall be entitled to
drill for and produce energy derived from the geothermal
resources, subject to any preexisting rights. The surface
property interest owner, unless otherwise expressly conveyed,
and its operator, shall comply with all applicable environmental
laws and regulations administered by the department when
drilling or producing geothermal resources.
(d) Transparency.--A lease or conveyance of a geothermal
resource under any public land for the primary purpose of
exploring or producing energy from geothermal resources may not
be made without public notice, hearing and a reasonable
opportunity for public comment.
(e) Construction.--Nothing in this section shall alter,
amend, diminish or invalidate rights to an existing use of
subsurface geothermal resources that were acquired by contract
or lease prior to the effective date of this paragraph,
notwithstanding that the contract or lease was entered into with
a subsurface property interest owner or a predecessor to the
subsurface property interest owner or with a pore space owner.
Section 5. Authorization of projects.
(a) Resource production.--Geothermal energy projects are
authorized in this Commonwealth, including for the purposes of
electricity production, heating and cooling. To operate a
geothermal energy project under this act, a well operator must
obtain a geothermal well permit issued by the department.
(b) Right to inspect.--Upon issuance of a permit to
construct or operate a geothermal energy project, the department
may enter onto private or public land, with proper
20250HB2076PN3319 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
identification, to inspect a geothermal energy project to
determine if the project is being constructed, operated or
maintained in compliance with all applicable permits and
environmental laws or to investigate any unreasonable risk to
public health, property, natural resources or the environment.
(c) Class V injection wells.--To operate a Class V
Underground Injection Control well for the purpose of producing
geothermal resources, a well operator shall obtain a UIC Class V
permit, or permit-by-rule status, and all other permits as
required by applicable statutes and regulations.
(d) Oil and gas well conversion.--Upon issuance of all
necessary permits for a repurposed well, a person may repurpose
an existing conventional or unconventional well, including an
abandoned well, for the cogeneration of geothermal resources or
geothermal energy with oil and gas production or the production
or use of geothermal resources or geothermal energy for heating,
cooling or electricity production, regardless of depth or
temperature. The department may revoke a permit issued under
this section if the department determines that a well operator
is knowingly or intentionally attempting to avoid the
fulfillment of obligations under 58 Pa.C.S. § 3220 (relating to
plugging requirements).
(e) Exploratory wells.--Upon issuance of a permit by the
department, a person may drill an exploratory well to identify
potential viability for geothermal resource production below the
surface of the real property.
Section 6. Regulations.
(a) Well safety and permit requirements.--For the purpose of
protecting the Commonwealth's natural resources and public
health, safety and welfare, the Environmental Quality Board
20250HB2076PN3319 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall, in consultation with the Pennsylvania Geological Survey,
promulgate regulations to:
(1) Establish permitting criteria for well operators,
including specific permitting criteria for repurposed wells
and exploratory wells.
(2) Consider community impact analysis, including
setback considerations, in permitting for geothermal energy
projects.
(3) Establish siting, design and other technical
specifications and requirements.
(4) Determine performance criteria for repurposed wells
to prevent delayed well plugging or improper abandonment.
(5) Require the spacing, drilling, casing, testing,
operating, producing, plugging and decommissioning of
geothermal wells and repurposed wells to prevent:
(i) Geothermal resources, water, gases or other
fluids from escaping into strata other than where it is
found, unless in accordance with a UIC Class V permit and
approved by the department.
(ii) Pollution of surface and groundwater, including
wastewater management during well development or
production.
(iii) Premature cooling of any geothermal system by
water encroachment or other means that reduce the
economic recovery of the geothermal resources.
(iv) Blowouts, explosions, fires, cave-ins and
seepage.
(v) Unreasonable disturbance or injury to
surrounding property, existing water rights, public
health and the environment.
20250HB2076PN3319 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) Orphaning or abandoning wells without proper
site remediation and well plugging.
(6) Establish a decommissioning process for plugging and
abandoning a geothermal well, repurposed well and exploratory
well.
(7) Establish bonding or other financial security
requirements for well operators drilling a geothermal well,
repurposed well or exploratory well. The following shall
apply:
(i) Regardless of the well depth or drilling
technique, the department shall have the authority to set
bonding or other financial security requirements in
amounts deemed appropriate by the department to remediate
the wells and protect the environment, public health and
safety.
(ii) The well operator shall file cash or individual
bonds for each new geothermal well, repurposed well or
exploratory well drilled and each abandoned well
redrilled.
(iii) In lieu of separate well bonds, the well
operator may file a blanket cash or individual bond in an
amount determined by the department to cover the well
operator's drilling, maintenance or plugging and
decommissioning activities for wells in this
Commonwealth.
(iv) Any bond or other financial security filed with
the department may be terminated or canceled with the
consent of the department.
(v) The surety may be relieved of all obligations
when the covered well or wells have been properly
20250HB2076PN3319 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
decommissioned or it has been replaced by another valid
bond.
(vi) A bond may not exceed a comparable bond set for
an unconventional, conventional or carbon dioxide
injection well unless the department demonstrates that
the fees are necessary to maintain oversight and
enforcement based on specific well characteristics.
(8) Determine criteria necessary to release bonding or
other financial assurance.
(9) Establish reasonable fees, not to exceed comparable
fees, set for unconventional, conventional or carbon dioxide
injection wells unless the department demonstrates that the
fees are necessary to maintain oversight and enforcement
based on specific well characteristics to cover the costs
incurred by the department to administer the provisions of
this act.
(10) Establish a process to suspend operations, shut-in
a geothermal well or repurposed well and remove equipment
from a well if the department has determined the well
operator is in violation of any rules or regulations
established under this act or other laws of this
Commonwealth.
(11) Determine well reporting, recordkeeping and other
appropriate disclosure requirements for well operators to
file with the department. The department shall require:
(i) Identification of the location and ownership of
all wells and producing geothermal leases.
(ii) Filing a notice of intent to drill, redrill,
deepen, permanently alter the casing of a well or abandon
any well. A notice of intent must be approved by the
20250HB2076PN3319 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department prior to commencement of operations.
(iii) Keeping of well logs, including temperature
and depth data, and filing accurate copies with the
department.
(iv) Filing any other reasonable reports regarding
geothermal operations in this Commonwealth.
(12) Determine criteria for geothermal wells or
repurposed wells stimulated by any form of hydraulic
fracturing, including any appropriate provisions or
regulations under 58 Pa.C.S. Ch. 32 Subch. B (relating to
general requirements), if the department determines it is
necessary to prevent groundwater contamination or other
environmental harms.
(b) Permit denial.--The department may condition or deny a
permit based on the criteria specified in the regulations
promulgated by the Environmental Quality Board under this
section.
(c) Well impact review.--In a decision to issue a final
permit for a geothermal well within a census tract with an
environmental exposure score in the 80th percentile or greater
using the PennEnviroScreen tool provided by the department, the
department may require reasonable additional impact assessments,
public participation, transparency and reporting measures as
part of a permit review or approval.
(d) Department fees.--The department may charge a permit fee
or periodic management fee sufficient to maintain oversight and
enforcement for geothermal energy projects in this Commonwealth,
not to exceed comparable fees set for the purpose of oil and gas
production from an unconventional, conventional or carbon
dioxide injection well, unless the department demonstrates that
20250HB2076PN3319 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the fees are necessary to maintain oversight and enforcement
based on specific well characteristics such as loop system type,
type of energy generated and depth. The fees collected under
this subsection shall be deposited into the fund.
(e) Expedited permits.--The department shall consider the
establishment of an expedited permitting process for a person
holding an existing well permit under 58 Pa.C.S. § 3211
(relating to well permits) to obtain a permit under this
section.
(f) Hydraulic fracturing.--For geothermal energy projects
stimulated by any form of hydraulic fracturing or repurposing of
an existing well that involves hydraulic fracturing operations,
the department shall consider the environmental risks and may
instead require the well operator to seek an unconventional well
permit under 58 Pa.C.S. Ch. 32 Subch. B or to comply with
additional permit conditions consistent with subsection (a).
Section 7. Estate owner objections and procedures.
(a) Notice.--Upon submission of a permit application, a well
operator shall provide notice of application to the surface
property interest owners within 1,500 feet of the well bore.
(A) NOTICE.--UPON SUBMISSION OF A PERMIT APPLICATION, A WELL
OPERATOR SHALL PROVIDE NOTICE OF APPLICATION TO THE SURFACE
PROPERTY INTEREST OWNERS WITHIN 1,500 FEET OF THE WELL BORE AND
SUBMIT A COPY OF THE NOTICE TO THE DEPARTMENT. IF, UPON RECEIPT
OF THE NOTICE, THE SURFACE PROPERTY INTEREST OWNERS EXPRESS AN
OBJECTION TO THE DEPARTMENT TO THE DESIGN OF THE GEOTHERMAL
ENERGY PROJECT BASED ON THE POTENTIAL ADVERSE EFFECT TO A
COMMERCIALLY VALUABLE MINERAL, INCLUDING THE COAL OR OIL AND GAS
ESTATE, THE WELL OPERATOR SHALL ADDRESS THE OBJECTION TO THE
SATISFACTION OF THE DEPARTMENT.
20250HB2076PN3319 - 13 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Well design.--To operate a geothermal energy project
under this section, a well operator shall design the geothermal
energy project as much as practicable to isolate any existing or
future production from the commercially valuable material,
including of the coal or oil and gas estate, from the subsurface
geothermal production area and shall indicate whether a
geothermal energy project contains commercially valuable
mineral, including the coal or oil and gas estates and, if it
does, a permit may be issued only if the department is satisfied
that the interests of the mineral, including coal or oil and gas
estate, will not be adversely affected and the subsurface
property interest owners have been notified by the well
operator.
(c) Objections.--If a subsurface property interest owner is
a producer of a commercially valuable mineral, including coal or
oil and gas, the well operator shall notify the subsurface
property interest owner in writing and submit a copy of the
notice to the department. If, upon receipt of the notice, the
subsurface property interest owners express an objection to the
department to the design of the geothermal energy project based
on the potential adverse effect to a commercially valuable
mineral, including the coal or oil and gas estate, the well
operator shall address the objection to the satisfaction of the
department.
(d) Right to action prohibited.--
(1) No right to action shall arise with respect to this
section if a well operator addresses the objection under
subsection (c) to the satisfaction of the department in good
faith.
(2) A determination by the department that the operator
20250HB2076PN3319 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
has satisfactorily addressed the objection shall be a
departmental action appealable by the subsurface property
interest owner who has raised the objection to the
Environmental Hearing Board, as provided under section 4 of
the act of July 13, 1988 (P.L.530, No.94), known as the
Environmental Hearing Board Act. The appeal must be filed in
accordance with the rules for filing an appeal of a final
agency action with the Environmental Hearing Board and no
later than 30 days following receipt of notice that the
objection has been satisfied.
(e) Dispute resolution.--The department, or any person
having a direct interest in a matter subject to this act, may,
at any time, request that a conference be held to discuss and
attempt to resolve by mutual agreement a matter arising under
this act. The following shall apply:
(1) Unless otherwise provided, conferences shall be held
within 90 days after a request is received by the department
and notice shall be given by the department to all interested
parties.
(2) A representative of the department shall attend the
conference and the department may make recommendations.
(3) An agreement reached at a conference shall be
consistent with this act and, if approved by the department,
the agreement shall be reduced to writing and shall be
effective unless reviewed and rejected by the department
within 10 days after the conference.
(4) The record of an agreement approved by the
department shall be kept on file by the department and copies
shall be furnished to the parties.
(5) The scheduling of a conference shall have no effect
20250HB2076PN3319 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
on the department's authority to issue orders to compel
compliance with this act.
Section 8. Geothermal resource units.
The Environmental Quality Board may promulgate rules and
regulations to establish geothermal resource units applicable to
geothermal resources. When promulgating regulations, the
department may:
(1) control well spacing and production rates;
(2) control the quantity of geothermal fluid extracted
from geothermal resources by methods and procedures
determined by the department, including requirements to
reinject;
(3) adopt a comprehensive unit plan that encourages
sustainable use of geothermal resources; and
(4) require equitable compensation for any impacted
owner of a geothermal resource.
Section 9. Liability of a well operator.
A well operator or individual drilling an exploratory well
shall be liable to any person or agency that sustains damages
from failure of the operator or individual to comply with any of
the following:
(1) A permit condition imposed under this act.
(2) Any rules or regulations established by the
Environmental Quality Board under this act.
(3) Any environmental law administered by the
department.
Section 10. Public nuisances.
A violation of this act or an order or regulation under this
act constitutes a public nuisance.
Section 11. Enforcement orders.
20250HB2076PN3319 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Issuance of orders.--Except as modified by subsections
(b), (c) and (d), the department may issue orders necessary to
prevent or restrain a violation of this act or rules,
regulations, standards, orders or permits adopted or issued
under this act or to restrain the maintenance or threat of a
public nuisance or to prevent a reasonable likelihood of
unlawful conduct or conduct causing immediate and irreparable
harm to the public. An order issued under this act shall take
effect upon notice, unless the order specifies otherwise. The
power of the department to issue an order under this act is in
addition to any other remedy available to the department under
this act or under any other law.
(b) Suspension and revocation.--
(1) The department may suspend a well permit for any
well:
(i) in continuing violation of any of the following:
(A) this act;
(B) the act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law;
(C) the act of July 7, 1980 (P.L.380, No.97),
known as the Solid Waste Management Act; or
(D) any other statute administered by the
department; or
(ii) if the likely result of a violation is an
unsafe operation or environmental damage.
(2) A suspension order of the department shall
automatically terminate if the violation upon which the
suspension order is based is corrected by the operator to the
satisfaction of the department in order to bring the well
into compliance with this act.
20250HB2076PN3319 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) The department may revoke a well permit for any well
suspended under paragraph (1) if the violation is egregious,
repeated or impossible to resolve or if the permittee is
unable to comply with the steps necessary to resolve the
violation.
(c) Written notice.--Prior to a suspension or revocation
order of a well permit under subsection (a), the department
shall serve written notice on the well operator or its agent,
stating specifically the statutory provision, regulation or
other reason relied upon, along with factual circumstances
surrounding the alleged violation. If the department suspends or
revokes the permit or registration, the department may order the
operator to plug the well if the likely result of the violation
is an unsafe operation or environmental damage.
(d) Immediate orders.--An order of the department requiring
immediate cessation of drilling operations shall be effective
only if authorized by the secretary or a designee.
(e) Grievances.--A person aggrieved by a final department
order issued under this section shall have the right, within 30
days of receipt of the notice, to appeal to the Environmental
Hearing Board.
Section 12. Restraining violations.
(a) Remedies.--
(1) In addition to any other remedy provided in this
act, the department may institute a suit in equity in the
name of the Commonwealth for an injunction to restrain a
violation of this act or rules, regulations, standards or
orders adopted or issued under this act and to restrain the
maintenance or threat of a public nuisance.
(2) Upon motion of the Commonwealth, the court shall
20250HB2076PN3319 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
issue a prohibitory or mandatory preliminary injunction if
the court finds that the defendant is engaging in unlawful
conduct, as defined by this act, or conduct causing immediate
and irreparable harm to the public.
(3) The Commonwealth shall not be required to furnish
bond or other security in connection with the proceeding.
(4) In addition to an injunction, the court in equity
may level civil penalties as specified in section 12.
(b) District attorney.--In addition to other remedies in
this act, upon relation of the district attorney of a county
affected or upon relation of the solicitor of a municipality
affected, an action in equity may be brought in a court of
competent jurisdiction for an injunction to restrain a violation
of this act or rules and regulations promulgated under this act
or to restrain a public nuisance or detriment to health.
(c) Concurrent penalties.--Penalties and remedies under this
act shall be deemed concurrent. Existence or exercise of one
remedy shall not prevent the department from exercising another
remedy at law or in equity.
(d) Jurisdiction.--Actions under this section may be filed
in the appropriate court of common pleas or in Commonwealth
Court and those courts are granted jurisdiction to hear actions
under this section.
Section 13. Civil penalties.
In addition to other remedies available at law or in equity
for a violation of this act, a regulation of the department, a
departmental order or a permit condition, the department may
assess a civil penalty regardless of whether the violation was
willful. The following shall apply:
(1) The penalty shall not exceed $50,000 plus $2,000 for
20250HB2076PN3319 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
each day during which time the violation continues.
(2) In determining the amount, the department shall
consider willfulness of the violation, damage or injury to
natural resources of this Commonwealth or their uses,
endangerment of safety of others, the cost of remedying the
harm, savings resulting to the violator as a result of the
violation and any other relevant factor.
(3) When the department proposes to assess a civil
penalty, the department shall notify the person of the
proposed amount of the penalty.
(4) The person charged with the penalty must, within 30
days of notification, pay the proposed penalty in full or
file an appeal of the assessment with the Environmental
Hearing Board.
(5) Failure to comply with the time period under this
section shall result in a waiver of all legal rights to
contest the violation or the amount of the penalty.
(6) The civil penalty shall be payable to the
Commonwealth and collectible in any manner provided at law
for the collection of debts.
(7) If a violator neglects or refuses to pay the penalty
after demand, the amount, together with interest and costs
that may accrue, shall become a lien in favor of the
Commonwealth on the real and personal property of the
violator but only after the lien has been entered and
docketed of record by the prothonotary of the county where
the property is situated.
(8) The department may transmit to the prothonotaries of
the various counties certified copies of all liens.
(9) Each prothonotary shall enter and docket the liens
20250HB2076PN3319 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of record in the prothonotary's office and index them as
judgments are indexed, without requiring payment of costs as
a condition precedent to entry.
Section 14. Existing rights and remedies preserved and
cumulative remedies authorized.
Nothing in this act prohibits the Commonwealth or a district
attorney from proceeding in a court of law or in equity to abate
pollution forbidden under this act or a nuisance under existing
law. It is declared to be the purpose of this act to provide
additional and cumulative remedies to control activities related
to drilling for or production of geothermal resources in this
Commonwealth and nothing contained in this act abridges or
alters rights of action or remedies existing, or which existed
previously, in equity or under common or statutory law, criminal
or civil. Neither this act, the grant of a permit under this act
nor an act done by virtue of this act prohibits the
Commonwealth, in exercising rights under common or decisional
law or in equity, from suppressing a nuisance, abating pollution
or enforcing common law or statutory rights. No court of this
Commonwealth with jurisdiction to abate public or private
nuisances shall be deprived of jurisdiction in an action to
abate a private or public nuisance instituted by any person on
grounds that the nuisance constitutes air or water pollution.
Section 15. Fund.
(a) Establishment.--The Geothermal Energy Development Fund
is established as a separate fund within the State Treasury.
(b) Administration.--The department shall administer the
fund.
(c) Use of fund.--The fund shall be used for:
(1) the operation and implementation of this act;
20250HB2076PN3319 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) defraying the department's expenses associated with
processing permit applications;
(3) regulating geothermal operations and their
facilities in this Commonwealth; and
(4) decommissioning improperly abandoned facilities.
(d) Interest.--Interest earned by the fund shall be
deposited into the fund.
(e) Bond forfeitures.--Forfeited bonds and other financial
security instruments shall be deposited into the fund.
(f) Transfer.--Money in the fund may not be transferred to
the General Fund or another fund.
(g) Penalties.--Penalties imposed for violations of this act
or regulations promulgated under this act and funds received by
the department from financial responsibility mechanisms shall be
remitted to the fund.
(h) Fees.--All fees collected by the department under this
act shall be deposited into the fund.
(i) Appropriation.--Money in the fund shall be annually
appropriated by the General Assembly.
Section 16. Temporary transition rule.
Until the Environmental Quality Board promulgates regulations
in accordance with section 6 of this act or December 31, 2030,
whichever is earlier, the department:
(1) shall continue to treat geothermal wells as wells
under 58 Pa.C.S. Ch. 32 (relating to development);
(2) may require geothermal energy projects to seek
permits for applicable geothermal wells under 58 Pa.C.S. Ch.
32 as either conventional or unconventional wells, as the
department determines to be appropriate, notwithstanding that
the department shall require any geothermal well stimulated
20250HB2076PN3319 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
by hydraulic fracturing to seek an unconventional well permit
under 58 Pa.C.S. Ch. 32; and
(3) may require geothermal energy projects seeking
permits for applicable geothermal wells under 58 Pa.C.S. Ch.
32 to comply with modified permit conditions to reflect the
differences between geothermal wells and oil and gas wells.
Section 17. Construction.
Nothing in this act shall be construed to amend or modify the
provisions or regulations promulgated under 58 Pa.C.S. Ch. 32
(relating to development).
Section 18. Effective date.
This act shall take effect immediately.
20250HB2076PN3319 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12