Background
On August 13, 2026, Commissioner Darcie L. Houck issued a proposed decision (“PD”) in Rulemaking 22-02-002 that would revise two policies central to how the California Public Utilities Commission (“CPUC” or “Commission”) engages with California Native American Tribes (“Tribes”): the Tribal Consultation Policy, first adopted in 2018, and the Tribal Land Transfer Policy (“TLTP”), adopted in 2019. Both policies grew out of the state’s broader commitment to government-to-government relationships with Tribes, reflected in Executive Orders B-10-11 and N-15-19 and Governor Newsom’s 2020 Statement of Administration Policy on Native American Ancestral Lands. The two policies were shaped through years of workshops and consultations the Commission held with Tribes across the state, as well as joint state-federal rights-of-way workshops with the Bureau of Indian Affairs. This PD is the product of that multi-year record and would close the rulemaking once adopted.
What the Proposed Decision Does
The PD revises the Tribal Consultation Policy to require that the Commission engage in “early, often, and meaningful” consultations on a government-to-government basis with Tribes. The revised policy distinguishes between formal and informal consultation, acknowledges capacity constraints commonly faced by Tribes due to limited resources (i.e., funding, staffing, and time), and defines actions that have “Tribal implications” under the Government-to-Government Consultation Act. The Commission will engage with and offer consultation to Tribes regarding actions that have “Tribal implications.”
The PD further establishes clear authority and responsibilities for the Office of the Tribal Advisor. Such responsibilities include coordination of outreach and communication with Tribes, maintenance of an up-to-date Tribal contact list, provision of training to Commission staff, serving as a point of contact for Tribal governments, and regular convening of all California Tribes through quarterly Tribal Information Forums.
The TLTP is expanded to apply to all dispositions of real property by investor-owned utilities (“IOUs”), including surplus property not previously covered. Under the revised TLTP, IOUs must request a list of relevant Tribes from the Office of the Tribal Advisor, provide written notice of proposed property dispositions, make virtual data rooms available to Tribes that express interest in acquiring a property (including title documents, current appraisal values, and non-confidential ethnographic and archaeological reports), and post notices publicly to the IOU’s TLTP website. IOUs are also required to submit quarterly and annual reports on proposed, recent, and ongoing property dispositions.
The PD affirms that IOUs are expected to comply with Tribal law on Tribal lands, where doing so is consistent with safe, reliable service and Commission and state requirements. The decision also acknowledges unresolved concerns regarding infrastructure, energization timelines, rights-of-way on Tribal lands, and taxation of utility services on Tribal lands and commits to further engagement on these issues.
Next Steps
The PD may be heard at the earliest at the Commission’s September 17, 2026 Business Meeting. Parties may file comments on the PD by no later than September 2, 2026.
Recent Comments