Delta Plan Regulations
The Delta Reform Act of 2009, which created the Delta Stewardship Council (Council), required that the Council adopt a "legally enforceable" Delta Plan to further the achievement of the coequal goals. The State Administrative Procedures Act (APA) identifies a rulemaking process through which Council-adopted Delta Plan policies become enforceable state regulations. Rulemaking is a public process that includes review and approval by the state's Office of Administrative Law (OAL).
The Delta Plan regulations are located in the official version of the California Code of Regulations at Title 23. Waters, Division 6. Delta Stewardship Council, Chapter 2. Consistency with Regulatory Policies Contained in the Delta Plan, Article 3. Consistency with the Regulatory Policies Contained in the Delta Plan. The website is maintained by West Law under contract with the Office of Administrative Law and is updated weekly.
Access the Delta Plan’s regulatory policies in PDF format.
Rulemaking Ecosystem Regulations
On June 23, 2022, the Delta Stewardship Council (Council) adopted Resolution 2022-05, making effective an amendment to Chapter 4 of the Delta Plan, Protect, Restore, and Enhance the Delta Ecosystem, and directing Council staff to initiate a rulemaking process to incorporate the new and updated policies adopted in the amendment. Under the Administrative Procedure Act (Gov. Code, § 11340 et seq.) the Council proposes to adopt changes to the California Code of Regulations, title 23, division 6, chapter 2, sections 5001 to 5015, inclusive, and appendices 3A, 4A, and 8A, after considering all comments, objections, and recommendations regarding the proposed action. The proposed changes would implement regulatory policies established by the Council in the 2022 Ecosystem Amendment to the Delta Plan under provisions of the Sacramento-San Joaquin Delta Reform Act of 2009 (Wat. Code, § 85000 et seq.). By proposing these regulatory amendments, the Council intends to (1) make technical, conforming amendments to section 5001 to 5015, inclusive; (2) make substantive amendments to 5001, 5006, 5007, and 5008; and (3) add a new section 5005 .1 and three appendices, Appendix 3A, Appendix 4A, Appendix 8A.
The following documents were submitted to the Office of Administrative Law (OAL) and assigned the notice file number: Z2024-0318-02. They are available for download and review by clicking on the links provided below.
Notice of Proposed Rulemaking
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 a statement summarizing any fiscal and economic impacts.
Proposed Regulatory Text
This document shows proposed changes and additions to the regulatory text.
Initial Statement of Reasons
This document describes the purpose of each provision in the proposed amendment to the 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 amendment to the regulation.
Economic and Fiscal Impact Statement
This document is a standardized form that summarizes the potential effects of the regulation on private businesses and individuals, including effects on the cost of housing. It also provides an assessment of the proposed regulation's fiscal impact on local governments and State government.
Additional documents associated with this rulemaking process can be accessed by emailing ecosystemrulemaking@deltacouncil.ca.gov or call (916) 445-5511.
Administrative Procedures Governing Appeals
The Delta Reform Act of 2009 provides for an appeals process to ensure the consistency of certain state and local public agency actions (“covered actions”) with the regulatory portions of the Delta Plan (see Wat. Code, §§ 85225.0, 85225.10, 85225.15, 85225.20, 85225.25, 85225.30,).
Water Code section 85225.30 requires the Council to adopt administrative procedures governing appeals. These administrative procedures are exempt from the Administrative Procedure Act, which governs the procedures for the adoption, amendment, or repeal of regulations by state agencies.
The Delta Stewardship Council last updated the appeals procedures at its October 27, 2022, Council meeting. Recently, at the December 14, 2023, meeting the Council adopted further minor edits to sections of the appeals procedures and published them in the California Code of Regulations, (Cal. Code Regs., tit. 23, § 5020 et seq.).
Access the informal Administrative Procedures for Appeals (“Appeals Procedures”) in PDF format.
Access the codified Administrative Procedures Governing Appeals in PDF format.