"Covered Action" means a plan, program, or project that meets all of the conditions as defined pursuant to Section 21065 of the Public Resources Code. 

Any state or local public agency proposing to undertake a covered action, as defined in Water Code section 85057.5 is encouraged to consult with the council at the earliest possible opportunity, preferably no later than 30 days before submitting its certification to the council pursuant to Water Code section 85225, to ensure that the project will be consistent with the Delta Plan.  The council's staff will meet with the agency's staff to review the consistency of the proposed action and to make recommendations, as appropriate.  During this early consultation, the agency's staff may also seek clarification on whether the proposed action is a "covered action"; provided that the ultimate determination on whether it is a covered action shall be made by the agency, subject to judicial review.

To assist state and local public agencies, the council is developing a Covered Actions Checklist based on state and local public agencies input.  The Checklist will be posted here after it is completed.   

CERTIFICATION OF CONSISTENCY:  

A state or local public agency that proposes to undertake a covered action, prior to initiating the implementation of that covered action, shall prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and shall submit that certification to the council. Water Code Section 85225.  Those detailed findings must address consistency with each policy in the Delta Plan that is implicated by the covered action.

Certification of Consistency requests are to be submitted on-line.  To assist state and local public agencies in preparing the required certification, the council has developed an on-line Certification of Consistency process to allow for state and local public agencies to demonstrate that a covered action is consistent with the Delta Plan by being fully transparent, disclosing potential environmental impacts, and identifying how best available science will be used in decision-making and adaptive management. 

The council is developing the on-line Certification of Consistency form for state and local agency use based on state and local public agencies input.  The Certification of Consistency form will be posted here after it is completed.  

APPEALS:

Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government- sponsored flood control programs to reduce risks to people and property in the Delta, may file an appeal with regard to a certification of consistency submitted to the council. Water Code Section 85225.10. (a) 

The appeal shall be filed no later than 30 days after the submission of the Certification of Consistency.  If no person appeals the Certification of Consistency, the state or local public agency may proceed to implement the covered action. Water Code Section 85225.15.  

The Council is developing an on-line Appeal Form for public use based on state and local public agencies input.  The Appeal form will be posted here after it is completed. 

 
ADMINISTRATIVE PROCEDURES GOVERNING APPEALS:

The Sacramento-San Joaquin Delta Reform Act of 2009 grants the Council authority to ensure the consistency of state and local public agency actions with the Delta Plan (see Water Code Sections 85225-85225.30). The Act directs the Council to adopt procedures for early consultation on this matter and also establishes other general guidelines.