Canton of Zurich defines framework conditions for geothermal energy

The canton of Zurich is facing increased interest in the use of the deep underground for energy production. Specifically, this involves geothermal energy and the extraction of natural gas.

Since there are still gaps in the law in this area, the Zurich government council has drafted a law on the use of the underground.

Energy production around mineral resources
The aim of the law is to protect the population and the environment from damage and to create legal certainty for entrepreneurs and investors. Clear framework conditions are intended to favor the use of the subsurface for domestic energy production. This is done in particular by the law creating precise responsibilities and a transparent procedure.

The subject of the law are investigations of the subsurface (geological-geophysical investigations such as excavations, drillings and seismic investigations) as well as its use, in particular energy production on a larger scale (for example geothermal power plants, natural gas production) but also extraction or mining of other mineral resources as well as the storage of gases in the subsurface (such as natural gas or CO2).

Sovereignty with the canton
The law clarifies that sovereignty over the subsoil lies with the canton and that concessions for the extraction of mineral resources must be put out to public tender, establishes the procedure for granting permits and concessions, and requires that the use of the subsoil be coordinated with neighboring cantons.

Focus on the environment and people
Furthermore, the law clarifies that the investigation and use of the subsurface must always be carried out without endangering humans or the environment, regardless of the method used. However, it does not comment on specific technologies such as fracking. This would not make sense in view of the constant technological change.
By means of regulations on security deposits and liability, the law prevents any damage to the environment or property from remaining uncovered or the state from having to assume liability for private activities.

Data should belong to the public
Not only the subsurface itself belongs to the public, but also the knowledge gained through investigation and use of the subsurface should belong to it. According to the draft law, all geological and hydrogeological data on the subsurface must be made available to the canton free of charge. The canton can make these data available to other state institutions and research facilities. After a retention period of three years, the data can be made publicly available with the corresponding evaluations.

The Government Council has authorized the Construction Directorate to conduct a consultation procedure on the draft law. The consultation begins today and lasts three months.

The consultation documents can be downloaded from www.vernehmlassungen.zh.ch, search term "underground", can be viewed.

The resolution of the Government Council No. 265/2016 is available at. www.rrb.zh.ch available.