12012.3.
(a) There is within the office of the Governor, the Office of Tribal Affairs, which shall be headed by the Secretary of Tribal Affairs.
(b) (1) The Secretary of Tribal Affairs shall be appointed by, and serve at the pleasure of, the Governor.
(2) The Secretary of Tribal Affairs shall serve as the Governor’s principal advisor on tribal affairs and facilitate, to the extent feasible, government-to-government engagement between tribal governments and state agencies.
(3) The Secretary of Tribal Affairs shall be an enrolled member of a federally recognized tribe in California.
(c) Each state agency that engages, or has programs, services, or responsibilities affecting tribal governments shall do all of the following:
(1) Designate a tribal liaison.
(2) Place the position of the tribal liaison in the executive office of the state agency, or in a position reporting directly to the chair or chief executive of the state agency, department, board, or commission of state government, as applicable.
(3) Ensure the position serves as the primary point of contact for tribal governments and facilitates communication, coordination, and engagement necessary to support effective government-to-government relations.
(4) Notify the office within 30 days of vacancy, appointment, or replacement of a tribal liaison.
(5) Adopt a tribal consultation policy consistent with Executive Orders B-10-11 and N-15-19.
(d) (1) The Office of Tribal Affairs shall be advised by a Tribal Advisory Committee consisting of nine tribal chair members, with three nominated by tribes in the northern region, three in the central region, and three in the southern region.
(2) (A) Members shall be appointed by the Governor from tribal nominations, no later than the second quarter of 2027.
(B) (i) The term of office of the members shall be three years and the terms shall be staggered at one-year intervals.
(ii) Upon initial appointment, one member from each region shall be appointed for a term ending January 1, 2028, one member from each region shall be appointed for a term ending January 1, 2029, and one member from each region shall be appointed for a term ending January 1, 2030. Thereafter, each appointed member shall serve a three-year term.
(3) (A) Commencing the second quarter of 2027 after being appointed by the Governor, the committee shall meet regularly, but not fewer than three times annually, at the call of the secretary.
(B) Commencing the first quarter of 2028, the committee shall meet regularly, but not fewer than four times annually, at the call of the secretary.
(4) (A) The committee shall provide guidance, recommendations, and tribal perspectives to assist the office in strengthening government-to-government engagement and improving the design, access, and implementation of state programs and services affecting tribal governments.
(B) The committee shall not supplant formal consultation processes or exercise approval authority over state agency actions.
(5) The committee shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3).
(6) The members of the committee shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(e) The office, in conjunction with the committee, shall do all of the following:
(1) Review and recommend improvements to the consultation policies and consultation practices of each state agency and consistency across state agencies.
(2) Identify barriers that limit tribal governments’ ability to access, participate in, or benefit from state programs, services, and funding, including contracting practices, timelines, administrative requirements, or confidentiality concerns.
(3) Recommend statewide strategies that recognize and leverage tribal sovereignty, governmental authority, regulatory frameworks, taxation systems, and operational capacity to advance shared state and tribal goals.
(4) Develop guidance for state agencies on effective tribal engagement, including communication protocols, timelines for consultation, and opportunities to incorporate tribal expertise, knowledge, and stewardship practices early in the design, implementation, operation, and evaluation of state programs and services.
(5) Identify cross-agency issues that affect tribal governments and recommend coordinated approaches to improve efficiency, alignment, and outcomes.
(6) Provide recommendations on the appropriate responsibilities, authority, qualifications, and expectations for tribal liaisons and tribal policy advisors.
(f) The office shall do all of the following:
(1) Support the implementation of consultation policies and facilitate direct engagement between state agencies and tribal governments.
(2) Provide training, guidance, and technical assistance to tribal liaisons and state agency personnel to promote consistent, culturally informed, and effective government-to-government engagement practices.
(3) Improve cross-agency communication and coordination to ensure consistent approaches to tribal matters and avoid conflicting processes or requirements.
(4) Keep tribal governments informed of state-level policy developments affecting their programs, responsibilities, or interests.
(5) Track whether state agencies have established or updated consultation policies and employed or designated tribal liaisons consistent with this section.
(6) Maintain an online, publicly accessible and up-to-date tribal liaison contact list for all state agencies, and a publicly accessible and up-to-date list of adopted tribal consultation policies.
(g) For purposes of this section, the following definitions apply:
(1) “Committee” means the Tribal Advisory Committee.
(2) “Office” means the Office of Tribal Affairs.
(3) “Secretary” means the Secretary of Tribal Affairs.
(4) “State agency” means any agency, department, board, or commission of state government.