The Delta Reform Act of 2009 (Act) established a self-certification process for demonstrating consistency with the Delta Plan. This means that state and local agencies proposing to undertake a qualifying action, called a “covered action” in the Act, must submit to the Council, a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan.
Per Water Code section 85057.5 “covered action” means a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code that meets all of the following conditions:
- Will occur, in whole or in part, within the boundaries of the Delta or Suisun Marsh.
- Will be carried out, approved, or funded by the state or a local public agency.
- Is covered by one or more provisions of the Delta Plan.
- Will have a significant impact on achievement of one or both of the coequal goals or the implementation of government-sponsored flood control programs to reduce risks to people, property, and state interests in the Delta.
Any state or local public agency proposing to undertake a covered action 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.
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The tabs below provide detailed information for the different phases of the covered actions process. Click on the tabs below to preview additional details about those phases.