Convening of the Lithium Valley Commission February 25

Convening of the Lithium Valley Commission February 25, 2021

Welcome - Housekeeping • Workshop/hearing conducted remotely via Zoom • Recorded and transcribed by court reporter • To participate in public comment… • By computer: use the “raise hand” feature in Zoom • Over the telephone: dial *9 to “raise hand” and *6 to mute/unmute your phone line • Comments due Thursday, March 4, 2021. • Submit through the e-commenting system at: • https: //efiling. energy. ca. gov/Ecomment. aspx? docketnu mber=20 -LITHIUM-01 2

Agenda • Welcome and Agenda Overview • CEC Commissioner Opening Remarks • Introductions o Roll Call of Lithium Valley Commission Members to Determine Quorum o Introductions of Lithium Valley Commission Members and CEC support staff o Introductions of Collaborating Agencies and Entities • Break • Presentations o Lithium Valley Commission Purpose and Goals o Discussion o Background on California Lithium Recovery and Importance o Discussion • Break 3

Agenda (part 2) • Bagley-Keene Open Meeting Act and Public Records Act Presentation • Operational and Administrative Planning o o o o Potential Selection of the Lithium Valley Commission Chair Frequency of Meetings Subgroups Charter Proposed Agenda Topics for Future Meetings Potential Guest Speakers and Presentations of Interest Other • Public Comment • Next Steps and Closing Comments 4

Opening Remarks • Chair David Hochschild, California Energy Commission • Commissioner Karen Douglas, California Energy Commission 5

Introductions • Roll Call of Lithium Valley Commission Members to Determine Quorum • Introductions of Lithium Valley Commission Members and CEC support staff • Introductions of Collaborating Agencies and Entities 6

Public Comment Instructions: Limited to 3 minutes per comment By computer: use the “raise hand” feature in Zoom By telephone: dial *9 to “raise hand” and *6 to mute/unmute your phone line 7

Break Lithium. Valley. Commission@energy. ca. gov 8

Lithium Valley Commission Purpose and Goals Elisabeth de Jong, EGSS 1 Renewable Energy Division Geothermal Grant and Loan Program

Overview Lithium Valley Commission AB 1657 State Energy Resources Conservation and Development Commission: Blue Ribbon Commission on Lithium Extraction in California: report. • • Assemblymember Eduardo Garcia Approved in September 2020 Convene Lithium Valley Commission in March 2021 Submit report in October 2022 10

Regulatory Requirements Lithium Valley Commission (1/2) Review, investigate and analyze: • Advancement of geothermal power development • Lithium market opportunities • Benefits of geothermal facilities • Methods to overcome lithium extraction barriers • Safe environmental methods and standards for geothermal brine extraction technology 11

Regulatory Requirements Lithium Valley Commission (2/2) Review, investigate and analyze: • Potential state economic and environmental impacts of lithium • Applying geothermal brine projects with government incentives and investments o Employment tax credits o Income or franchise tax credits o Sales tax exemptions o New manufacturing equipment tax exemptions • Recommendations for advancing lithium extraction from geothermal brines 12

Lithium Valley Commission CEC appointments: 1. General member 2. Represents the lithium extraction industry 3. Represents a national vehicle manufacturer organization 4. Represents a local environmental organization 5. Represents a local city or county government in the Salton Sea geothermal resource area 6. Represents a local public electric utility 7. Represents disadvantaged and lowincome communities in the Salton Sea geothermal resource area 8. Represents a local tribal community 9. Member with knowledge of economics and the effectiveness of local, state, and federal incentives. Other appointing entities: 10. A member appointed by the Governor. 11. A member of the Public Utilities Commission, appointed by the Public Utilities Commission. 12. A member appointed by the Speaker of the Assembly. 13. A member appointed by the Senate Committee on Rules. 14. A member appointed by the Secretary of the Natural Resources Agency. 13

Discussion • Facilitated by: • Commissioner Karen Douglas, California Energy Commission 14

Public Comment Instructions: Limited to 3 minutes per comment By computer: use the “raise hand” feature in Zoom By telephone: dial *9 to “raise hand” and *6 to mute/unmute your phone line 15

Background on California Lithium Recovery and Importance Elisabeth de Jong, EGSS 1 Renewable Energy Division Geothermal Grant and Loan Program

China’s Supply Chain is leading Source: 17

California’s Lithium Valley • Presidential Executive Order (2017) No. 13817 • Lists lithium as a critical mineral essential to the nation’s economic and national security • Presidential Executive Order (2020) No. 13953 • Intent to secure a domestic supply of critical minerals • California Governor (2020) Executive Order N-79 -20 • 100% zero emission passenger vehicles by 2045 • California Governor (2020) signed AB 1657 • creates the Lithium Valley Commission 18

California’s Lithium Valley California’s Lithium Recovery Initiative to date: • Sacramento in November 2018 • El Centro in May 2019 • Stanford for California’s Lithium Recovery Initiative – Symposium in February 2020 19

Recent CEC Grant Funding • Geothermal Grant and Loan Program: • $2, 500, 000 Energy. Source Minerals • Electric Program Investment Charge: • $ 1, 878, 634 Materials Research • $ 1, 460, 735 Hell’s Kitchen Geothermal • $ 6, 000 BHE Minerals 20

Discussion • Facilitated by: • Commissioner Karen Douglas, California Energy Commission 21

Public Comment Instructions: Limited to 3 minutes per comment By computer: use the “raise hand” feature in Zoom By telephone: dial *9 to “raise hand” and *6 to mute/unmute your phone line 22

Break Lithium. Valley. Commission@energy. ca. gov 23

Bagley-Keene Open Meeting Act and Public Records Act A Primer for the Lithium Valley Commission February 25, 2021 Deborah Dyer Senior Staff Counsel California Energy Commission

Bagley-Keene Purpose: • To ensure that public agencies conduct the people’s business openly so that the public may observe the body’s decision-making process and be informed • The public gets a “seat at the table“ with the ability to monitor and participate in the decision-making process 25

Three Main Elements: 1. Bagley-Keene Application 2. Notice and Agenda Requirements 3. Public Participation Provisions 26

Bagley-Keene Application: • Applies to a meeting of any “state body” • A “state body” is any multimember board, commission, panel or council that is any of the following: • created by statute • delegated authority from a state body • an advisory body of three or more people, if created by formal action of a state body 27

What is a Meeting? A MEETING is any congregation of a majority, or quorum, of the members of a state body at the same time and place to hear, discuss, deliberate upon, or take action upon a topic related to its jurisdiction. 28

BK Application to Subcommittees BK also applies to advisory subcommittees, if created by formal action of the state body, and if the advisory subcommittee consists of three or more persons. 29

What is the Body’s Jurisdiction? The Lithium Valley Commission’s jurisdiction, the purpose it was created for, is spelled out in Public Resources Code § 25232(d): “The Blue Ribbon Commission shall review, investigate, and analyze the following issues relating to lithium extraction and use in California: . . . ” 30

What is a Serial Meeting? A SERIAL MEETING is when a majority of the members use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business within the jurisdiction of the body. 31

Why the Difference is Important: Congregational meetings with proper noticing Serial meetings 32

Serial Meeting Example A A Communication Chain: Person A talks to Person B, who then talks to Person C 33

Serial Meeting Example B A Communication Hub: Person A talks to Person B; and then Person A talks to C; and then to D 34

Avoid Email Pitfalls • Use caution with group emails • Use caution with "reply all” 35

Exceptions to Communication Limitation • Social or ceremonial situations • Conferences and retreats • Open and noticed meetings of other state or legislative body or local agencies • Conversations that do not relate to the state body’s jurisdiction 36

If you remember only one thing. . . Think before you talk shop outside the noticed meeting 37

Notice and Agenda Requirements • Meeting notices and agendas are required at least ten days before the body meets • Agendas must describe all items to be discussed • A state body cannot act on a matter unless it is on the agenda for that meeting 38

Notice and Agenda, cont. • Written materials provided to the members must be available to the public (with some exceptions) 39

Agenda Specificity • Agenda must include a brief description of the items of business to be transacted or discussed • There should be sufficient detail so public can decide whether to attend the meeting 40

Public Participation • No improper conditions on public to attend a meeting • The public may record and broadcast meetings • Public is entitled to the documents related to the meeting (subject to some exceptions) • The public must be given an opportunity to comment on each agenda item before or during discussion or consideration 41

Open Meetings in the Time of COVID Executive Order N-29 -20 authorizes holding public meetings via teleconferencing and making public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the meeting remotely, a physical location is not required. 42

Highlights DO: DO NOT: • Conduct meetings in public • Provide notice and agenda at least 10 days before meetings • List items of business on agenda • Allow public to speak • Be mindful of serial meetings • Talk shop with a quorum outside an open meeting • Send group emails to a quorum • Talk about items not on the agenda during the meeting • Engage in serial meetings 43

Bagley-Keene Resources • CA Office of the Attorney General ”A Handy Guide to the Bagley Keene Open Meeting Act, ” 2004, updated in 2018 • Bagley-Keene Open Meeting Act Government Code Sections 11120 -11132 • BKOMA “At a Glance” • CEC Staff 44

California Public Records Act Fundamental concept of PRA: Government records shall be disclosed to the public, upon request, unless there is a specific reason not to. “The people have the right of access to information concerning the conduct of the people’s business. . . ” California Constitution, Article I, § 3(b) 45

Public Records Act • “Public record” means: • any form of communication or representation • prepared, owned, used, or retained by an agency • Outlook calendar appointment, or voice message 46

PRA Exemptions: Two kinds of exceptions: • Individual’s right to privacy • Government’s need to perform functions efficiently 47

Questions? 48

Operational and Administrative Planning Considerations • • Potential Selection of the Lithium Valley Commission Chair Frequency of Meetings Subgroups Charter Proposed Agenda Topics for Future Meetings Potential Guest Speakers and Presentations of Interest Other 49

Public Comment Instructions: Limited to 3 minutes per comment By computer: use the “raise hand” feature in Zoom By telephone: dial *9 to “raise hand” and *6 to mute/unmute your phone line 50

Next Steps and Closing Comments • Commissioner Karen Douglas, California Energy Commission Meeting Materials: https: //www. energy. ca. gov/data-reports/california-power-generationand-power-sources/geothermal-energy/lithium-valley/lithium 51

Webpage: https: //www. energy. ca. gov/datareports/california-power-generation-and-powersources/geothermal-energy/lithium-valley List Serv: Lithium Valley Commission Thank you! Lithium. Valley. Commission@energy. ca. gov