Covered Actions

The Delta Reform Act of 2009 (Delta Reform Act) established a certification process for demonstrating consistency with the Delta Plan. This means that a state or local agency proposing to undertake a qualifying action (covered action) must submit to the Delta Stewardship Council (Council) a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan. Any person may appeal a certification of consistency to the Council.

To submit a covered action certification of consistency and to view the complete list of covered actions, visit our Covered Actions Portal.

What is a Covered Action?

Per Water Code section 85057.5, a "covered action" is a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code.

For covered actions, the Council:

  1. Offers early consultation.
  2. Provides the self-certification system.
  3. Maintains certification of consistency records and appeal records.
  4. Does not make determination of consistency, unless appealed.

For covered actions, a lead agency:

  1. Participates in early consultation
  2. Determines whether a plan, program, or project is a covered action via covered action self-certification process.
  3. Assures the determination is consistent with the Delta Reform Act and relevant provisions of the Delta Plan.

Early Consultation

The Council strongly encourages all agencies who propose to undertake an action in the Delta to consult with the Council as early as possible. Through these consultations, the Council may provide advice on such matters as: developing an adaptive management plan, the project's use of best available science, and how the project can help achieve the coequal goals while still meeting the project's own objectives.

To set up an early consultation or to address questions/concerns, please e-mail coveredactions@deltacouncil.ca.gov.

Use our Tools

The Council has developed covered action related resources to assist state and local agencies in determining whether a plan, program, or project is a "covered action". To access the documents listed below, please contact archives@deltacouncil.ca.gov.

  • Covered Actions Checklist tool
  • Certification of Consistency Process document
  • Certification of Consistency Process flow chart

How to Certify?

Step 1: Early consultation

To set up an early consultation, submit a consultation request, or address questions/concerns, please e-mail coveredactions@deltacouncil.ca.gov.

Step 2: Use our tools

To learn more, request access to our Covered Actions Checklist tool, Certification of Consistency Process document, and Certification of Consistency Process flow chart via archives@deltacouncil.ca.gov.

Step 3: Register for an account

To submit a certification through the Council website, please register for an account by clicking here. You may also click the “Register” link in the right navigation after you register, the Council will process your registration. Then, an e-mail confirmation will prompt you to login to start the certification process.

Step 4: Submit a certification

4.1 * You must login first to have access to the submission screen *

Example of a Delta Stewardship Council covered action login screen.

 

4.2 Click the “Start a New Certification” button under the “My Certifications” drop down menu.

Example of a Delta Stewardship Council new certifications screen.

 

4.3 Begin by filling in the required information for the tool. Refer back to the Certification of Consistency Process document for step-by-step instructions on the submission tool.

Example of a Delta Stewardship Council required information screen.

 

4.4 After submitting, you will see your covered action on the home page with a status of “Public Review Period”…

Example of a Delta Stewardship Council covered actions list screen.

 

4.5 You may also view your covered action under your account tab in the “My Certifications” drop-down. Here, you can also view any certifications you have filed or change your password.

Example of a Delta Stewardship Council certifications account screen.

Step 5: Next Steps

Refer back to the Certification of Consistency Process flow chart to understand next steps. You will receive e-mail notifications when the status of your certification has changed.

What is an Appeal?

Any person who claims that a covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government-sponsored flood control program, may file an appeal with regard to a certification of consistency.

Water Code Section 85225.10(a) and Water Code Section 85225.15

Please review the Delta Reform Act using the links provided above. In short, the Delta Reform Act specifies that an appeal must be filed no later than 30 calendar 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. If a person appeals the certification of consistency, the Council must hear the appeal and determine whether to remand the action to the state or local agency or to deny the appeal.

The Council has 60 days to hear the appeal and an additional 60 days to make its decision and issue a written determination (120 days total). If the covered action is remanded to the state or local agency, the project may not proceed until it is revised, a new certification of consistency is submitted to the Council, and no person has appealed the certification of consistency.

How to Appeal?

Step 1: Use our tools

To learn more, request access to our Administrative Procedures Governing Appeals and Administrative Procedures Governing Appeals flow chart via archives@deltacouncil.ca.gov. These documents will help you understand what a certification can be appealed for.

Step 2: Register for an account

To submit a certification through the Council website, please register for an account by visiting our Covered Actions Portal’s account registration. You may also click the “Register” link in the right navigation. After you register, the Council will process your registration so you may login to start the appeal process. The database tool will walk you through submitting your appeal.

Step 3: Submit an appeal

3.1 * You must login first to have access to the submission screen. *

Example of a Delta Stewardship Council appeal login screen.

 

3.2 Go to the “Home” tab and click on a specific covered actions title.

Example of a Delta Stewardship Council covered actions list.

 

3.3 Click on the “Submit an Appeal” button (this button will not be available if a 30 calendar day period following the Certification submission has passed).

Example of a Delta Stewardship Council appeal submittal form.

 

3.4 Begin by filling in the required information for the tool. You must answer each question. If an item applies to your appeal, you must submit supporting documentation either in the provided box or by attaching the file document.

Example of a Delta Stewardship Council required information screen.

 

3.5 When you are done submitting you will see the covered action on the home page with a status of “Appealed”.

Example of a Delta Stewardship Council covered actions list screen.

 

3.6 You may also view your appeal under your Account tab in the “My Appeals” drop down. Here, you can also view any certifications you have filed or change your password.

Example of a Delta Stewardship Council appeals account screen.

Step 4: Next steps

Request access to the Administrative Procedures Governing Appeals flow chart to understand next steps via archives@deltacouncil.ca.gov. You will also receive email notifications when the status of your appeal or the certification has changed.