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.
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.