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Delta Plan Amendment Regarding Mitigation Monitoring and Reporting Program

Proposed Delta Plan Amendment: Policy G P1(b)(2)



In April 2018, as part of adopting the amendments to the Delta Plan, the Delta Stewardship Council (Council) directed staff to amend Delta Plan Policy G P1(b)(2) to clarify that all mitigation measures adopted and incorporated into the Delta Plan apply to covered actions. Accordingly, the Council also directed staff to initiate rulemaking to amend California Code of Regulations, title 23, section 5002 (b)(2) (hereafter referred to as section 5002 (b)(2)) to clarify that all mitigation measures adopted and incorporated into the Delta Plan apply to covered actions, and to make any technical changes required by the Office of Administrative Law in order to achieve any of the forgoing.


Staff have initiated the rulemaking to amend section 5002 (b)(2). Under the authority stated in the Sacramento-San Joaquin Delta Reform Act of 2009 (Delta Reform Act), Water Code sections 85001 through 85308, the Council proposes to amend section 5002 (b)(2) to incorporate all mitigation measures adopted and incorporated into the Delta Plan. Under the proposed amendment, for covered actions not exempt from the California Environmental Quality Act, State and local public agencies would be required to implement all mitigation measures adopted and incorporated into the Delta Plan (unless the measure(s) are within the exclusive jurisdiction of an agency other than the agency that files the certification of consistency), or substitute mitigation measures that the agency that files the certification of consistency finds are equally or more effective.  Mitigation measures adopted and incorporated into the Delta Plan are listed in the MMRP, which is an appendix in the Delta Plan. The MMRP includes mitigation measures identified in the 2013 Delta Plan Program Environmental Impact Report (EIR) and the 2018 Delta Plan Amendments Program EIR.



Administrative Procedure Act Rulemaking Process
Comment Period

The public comment period for this proposed rulemaking commenced on November 30, 2018 and concludes on January 14, 2019. Any interested person, or her or his authorized representative, may submit written comments relevant to the proposed regulatory action.

The Council will also accept written and oral comments submitted on the day of the public hearing on January 24, 2019. The hearing is anticipated to convene and open to the public at 10:00 a.m. and will remain open as long as attendees are presenting testimony. To read the hearing notice please click here.


Please address written comments (e-mail is preferred) to:

or to:


Anthony Navasero, P.E., Senior Engineer                     Erin Mullin, P.E., Senior Engineer
Delta Stewardship Council                               or           Delta Stewardship Council
980 Ninth Street, Suite 1500                                           980 Ninth Street, Suite 1500
Sacramento, CA 95814                                                    Sacramento, CA 95814


The following documents were submitted to the Office of Administrative Law and is assigned the notice file number: Z-2018-1120-01. They are available for download and review by clicking on the links provided below:


Notice of Proposed Rulemaking (65.6 KB)

This document announces the availability of the rulemaking documents for review and the time and location of the public hearing. The Notice includes a summary description of the proposed regulation, the authority under which it is proposed, its relationship to other laws and regulations, and statements summarizing any fiscal and economic impacts.


Initial Statement of Reasons (including Attachment 1, Economic Impact Assessment) (121 KB)

This document describes the purpose of each provision in the proposed regulation and how the provision is reasonably necessary to achieve that purpose. It also discusses the benefits, reasonable alternatives considered, and the Council's reasons for selecting the proposed provision.  Additionally, Attachment 1 is a supporting document to evaluate the questions addressed in the Economic and Fiscal Impact Statement as well as the Cost Analysis which briefly describes expected benefits of the proposed rulemaking, but not a benefit cost analysis.


Proposed Amendment to Existing Regulation (13 KB)

This single page document reflects the text of the proposed regulation amendment.


Economic and Fiscal Impact Statement (405 KB)

This document is a standard form that summarizes the potential effects of the regulation on private businesses and individuals including effect on the cost of housing. It also provides an assessment of the proposed regulation's fiscal impact on local governments, state government, and federal funding of state programs.

Coequal goals

The Delta Stewardship Council was created in legislation to achieve the state mandated coequal goals for the Delta. "'Coequal goals' means the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place." (CA Water Code §85054)