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)

Regulations and the Rulemaking Process

The Delta Reform Act of 2009, which created the Delta Stewardship Council (DSC), requires that the DSC adopt a "legally enforceable" Delta Plan to further the coequal goals, in order to address the crisis in the Delta. The State Administrative Procedures Act spells out the process through which the policies of the Delta Plan may become enforceable state regulations, including a review and approval by the state's Office of Administrative Law (OAL).

The proposed regulations are based on and carry out the policies contained in the final draft Delta Plan. These draft regulations must be adopted by the Council after considering public input and then approved by the OAL before they become effective. 

The following final rulemaking documents were submitted to the Office of Administrative Law (OAL) on June 25, 2013. They were submitted with other previously posted documents.

  • Final Regulatory Text (15 MB)
    This document is the final regulation text adopted by the Delta Stewardship Council on May 17, 2013.
  • Final Statement of Reasons (2.5 MB)
    This document updates the Initial Statement of Reasons, identifying any material relied upon that was not available for public review prior to close of the 45 day public comment period, includes a determination of whether the regulation imposes a mandate upon local agencies/school districts, and includes a determination that no reasonable alternative was identified by the Delta Stewardship Council or brought to the attention of the Delta Stewardship Council. Response to comments received during public comment periods are included in the Final Statement of Reasons.
  • Updated Informative Digest (173 KB)
    This document includes a clear and concise summary of immediately preceding laws and regulations directly related to the proposed rulemaking action and its effect.

The following rulemaking documents were reviewed and approved at the Delta Stewardship Council meeting on May 17, 2013.

  • Text of final proposed regulation plus related appendices 1A through 8 (25 KB) 
    The final proposed regulation includes modifications as a result of responses to comments following the 45-day public review and written comment period. The modifications were subject to an additional 15-day comment period. These changes are clearly marked with underline (additions) and strikethrough (deletions).
  • Errata: Technical, non-substantial changes to the final proposed regulation (33 KB)
    The errata sheet contains staff-suggested technical non-substantial changes to the proposed regulation that have been identified following the additional 15-day public review and written comment periods.
  • Draft Final Statement of Reasons (100 KB)
    This is a draft of the Final Statement of Reasons. This document will be completed after Council adopts the proposed regulation and will be submitted in the final rulemaking file to the Office of Administrative law.
  • Draft Master Responses to Comments (125 KB)
    The Council staff has prepared master responses to certain "frequently occuring" comments that were directed at the proposed regulation during review and written comment periods and at public hearings. The draft master responses will be finalized and submitted as part of the Final Statement of Reasons.
  • Draft Responses to the 45-day Review Comments (1.8 MB)
    The Council staff has responded to and summarized comments that were directed at the proposed regulation during the 45-day public review and written comment period and at public hearings. The draft responses will be finalized and submitted as part of the Final Statement of Reasons.
  • Draft Responses to the 15-day Review Comments (643 KB)
    The Council staff has responded to and summarized comments that were directed at the proposed regulation during the 15-day public review and written comment periods and at public hearings. The draft responses will be finalized and submitted as part of the Final Statement of Reasons.
  • Modified STD 399 (627KB)
    The modified STD 399, modified following the 45-day public review and written comment period, was provided to Department of Finance (DOF) for review and approval. The modified STD 399 is under a 15-day public review and written comment period, ending May 9, 2013.
  • Modified cost analysis for proposed Delta Plan regulation (346 KB)
    The Cost Analysis provides the basis for information provided in the STD 399. This report was modified following the 45-day public review and written comment period and provided to DOF for review and approval.

Additional Document for Review

An additional document - a modified Economic and Fiscal Impact Statement: STD 399 plus Attachment 1 ("modified STD 399") - is available for public inspection and comment for a 15-day period from April 24, 2013 to May 9, 2013 at 5 P.M. The Council will consider such written comments relating to the modified  STD 399 that are received during that period.

The following documents are available for download and review by clicking on the links provided below:

The 15-day public written comment period for the Additional Document for Public Review commenced on Wednesday, April 24, 2013 and continued through (and included) Thursday, May 9, 2013 at 5:00 p.m.

The Comment Period for the Additional Document has Concluded.

All written comments on the Additional Document for Public Review received by (and including) Thursday, May 9, 2013 at 5:00 p.m. will be reviewed and responded to by Council staff as part of the compiliation of the final rulemaking package.

Modified Rulemaking Documents Available for Public Review and Comment

At its meeting on March 28-29, 2013, the Council directed staff to make certain modifications to the proposed regulations, as originally noticed to the public. The modifications are all sufficiently related to the original text, and are in response to public comments. The text of the modified regulations, along with the related notice, are below. Staff has made conforming modifications to the "Cost Analysis for Proposed Delta Plan Regulations" and the revised document is also made available for public review. The modified rulemaking documents are available for public review and comment for an additional 15-day period that began on April 8, 2013 and ended on April 22, 2013.

All written comments on the modified text received by (and including) Monday, April 22, 2013 will be reviewed and responded to by Council staff as part of the compiliation of the final rulemaking package.

The 15-day public written comment period for the Modified Proposed Rulemaking Documents commenced on Monday, April 8, 2013 and continued through (and included) Monday, April 22, 2013.

The Comment Period for the Modified Proposed Rulemaking Documents has Concluded.

The following documents are available for download and review by clicking on the links provided below:

Original Proposed Rulemaking Process Documents

A 45-day public review and comment period was begun in November, 2012  when the Notice of Proposed Rulemaking was published in the California Regulatory Notice Register. The public review and comment period was followed by a public hearing on January 24, 2013. An additional public hearing was provided at a Council meeting on January 11, 2013.

The following documents were submitted to the Office of Administrative Law on November 16, 2012. They are available for download and review by clicking on the links provided below:

  • Notice of Proposed Rulemaking (64.8 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.
  • Proposed Regulation plus related Appendices 1A through 7 (6.5 MB)
    This 92-page document includes the text of the proposed regulation.
  • Initial Statement of Reasons (177.5 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.
  • Economic and Fiscal Impact Statement: CA State Form STD 399 plus Attachment (176.3 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.
  • Cost Analysis for Proposed Delta Plan Regulations (1.1 MB)
    This 63-page document is a supporting document prepared by Council staff to evaluate the questions addressed in the Economic and Fiscal Impact Statement. The Cost Analysis briefly describes expected benefits of the Delta Plan regulation, but it is not a benefit cost analysis.
  • To view the State's official booklet on how to participate in the Rulemaking Process, please click here.
  • Written comments received on the Rulemaking Package will be posted after the close of the comment period.

The written comment period for the Original Proposed Rulemaking Process commenced on Friday, November 30, 2012 and continued through (and included) Thursday, January 24, 2013.

The Comment Period for the Original Proposed Rulemaking Process has
Concluded.

All written comments on the Original Proposed Rulemaking Process received by (and including) Thursday, January 24, 2013 will be reviewed and responded to by Council staff as part of the compliation of the final rulemaking file.

 

 

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IMPORTANT DOCUMENTS

To view the Appeals Procedures adopted by the Council on Sept. 24, 2010, please click here.