CPUC Draft Tribal Consultation Policy

1. CPUC Draft Tribal Consultation Policy CPUC Tribal Liaison Stephanie Green News and Outreach Office March 8, 2018 1

2. Executive Order B-10-11 • In 2001, Gov. Brown issues Executive Order B-10-11: “ IT IS FURTHER ORDERED that it is the policy of this Administration that every state agency and department subject to my executive control shall encourage communication and consultation with California Indian Tribes. Agencies and departments shall permit elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities.” • Per Executive Order B-10-11, CPUC Tribal Consultation Policy was drafted and is in review; estimated to be finalized this spring. • Policy creates CPUC Tribal Liaison position; Stephanie Green,News and Outreach Office, appointed as Tribal Liaison.

3. Policy Goals • Recognize and respect tribal sovereignty • Encourage and facilitate participation • Give meaningful consideration to tribal interests • Protect tribal cultural resources • Encourage participation in CPUC-approved utility programs • Encourage investments in onsite renewable energy, energy efficiency, low carbon transportation, and energy storage • Foster collaboration with tribes; Collaborate in a manner that is timely and respectful • Open, early, and inclusive communication with tribal representatives.

4. Tribal Liaison • The Tribal Liaison acts as internal and external point of contact for CPUC Tribal affairs. • Tribal Liaison responsible for coordinating outreach, communication, education, and other activities affiliated with Tribal interests. • The Tribal Liaison acts as a central point of contact for Tribal governments to seek advice on participation in CPUC proceedings and CPUC-approved programs; locating information; filing documents; contacting Commissioners, Advisors, or staff; and other matters. • The Tribal Liaison is CPUC representative on the Office of the Governor’s Tribal Liaison Committee. • The Tribal Liaison will facilitate CPUC leadership availability for government-to-government consultation. • Tribal governments may contact the CPUC’s Public Advisor for assistance with participating in proceedings; Email: Public.Advisor@cpuc.ca.gov;Phone: (866) 849-8390.

5. Facilitating Participation The CPUC encourages and facilitates tribal government participation in its proceedingsand programs. • Special consideration to requests to participate in proceedings – if not timely, will try to accommodate. • Assist in locating relevant information and documents. • Special efforts to accommodate request for meetings. • Ensure information received from Tribal government is submitted in the record of a proceeding. • Efforts to publicize grant and incentive programs available to all customers, as well as low income customers, and facilitate Tribal government and Tribal member participation.

6. Confidentiality • Confidentiality of information regarding cultural resources and religious sites is important. • CPUC will not include confidential information that is exempt from public disclosure in any documents filed in proceedings. • Tribal government must notify CPUC if it submits information that is confidential and mark it as confidential. • CPUC will work with Tribal government to agree on how to handle confidential information regarding presence of cultural resources that is relevant to CPUC decisions.

7. Summary CEQA Consultation Process • Assembly Bill 52 adopted in 2014 created new process for Tribal consultation with state agencies at the earliest stage of California Environmental Quality Act (CEQA) review. • Tribes may submit advance request for notice of all projects in a Tribe’s geographic area that CPUC reviews under CEQA. • CPUC sends notice of a project to the Tribes that requested notice or have known interest in the location; Tribes may request consultation within 30 days of receiving the notice. • Consultation may address potential significant effects, recommended mitigation measures, and alternatives.

8. Advance Request for Notice of Projects • Pursuant to AB 52, a tribe may inform agencies in advance that it would like notice of projects subject to CEQA that are seeking the agency’s approval and that are within the Tribe’s traditionally and culturally affiliated area. • The CPUC’s website has a form letter that Tribal governments may submit to the CPUC requesting advance notice of CEQA projects in its area: www.cpuc.ca.gov/Tribal. • To date, 26 Tribes have submitted AB 52 notification forms to the CPUC.

9. Timing of CEQA Consultation The CPUC follows the statutory deadlines for tribal consultation under CEQA, which generally require the following: • When a Tribe has requested notice of CEQA projects, the CPUC must provide written notice to that Tribe of a project in its area within 14 days of determining that the project application is complete. • A Tribe may request to engage in consultation within 30 days of receipt of the notice, and designate a lead contact person. • The CPUC will begin the consultation process within 30 days of receipt of the request for consultation. • The CPUC will hold a consultation meeting at one of the CPUC offices (in Sacramento, San Francisco, or Los Angeles) or at a Tribal government office within 30 days . • The CPUC will participate in additional consultation meetings as necessary to address issues and reach an agreement with the Tribal government on recommendations for project modifications or mitigation measures. • The CPUC will honor a Tribe’s request for CEQA consultation that is made more than 30 days after the Tribe’s receipt of notice, as long as there is still time for meaningful consultation to occur. • When a tribe has not requested advance notice of all CEQA projects from the CPUC, if the CPUC is the lead agency, a request will be made to the Native American Heritage Commission to identify Tribal entities interested in the project area. CPUC staff will ensure that the identified Tribal entities receive written notice of a proposed project in their area at the beginning of the environmental review process. The CPUC will carefully consider all Tribal government comments regarding potential impacts on Tribal cultural resources and suggested mitigation measures.

10. Resources • Draft Tribal Consultation Policy • See Resources at: www.cpuc.ca.gov/Tribal • Form Letter to Request Notices about CEQA Projects in Areas of Significance • See Resources at: www.cpuc.ca.gov/Tribal • Staff Contact for Tribal Governments • CPUC Tribal Liaison, Stephanie Green, Stephanie.Green@cpuc.ca.gov, 415-703-5245