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 under contract with the Office of Administrative Law and is updated weekly.
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 Water Code §§ 85225-85225.30).
The Delta Reform Act also provides a separate process in which the Council may hear appeals with regard to determinations by the Department of Fish and Wildlife (DFW) that the Bay-Delta Conservation Plan (BDCP) has met the requirements of Water Code section 85320 (which focus on compliance with the Natural Community Conservation Planning Act and the California Environmental Quality Act) for incorporation into the Delta Plan.
Water Code section 85225.30 requires the Council to adopt administrative procedures governing appeals, which are exempt from the State Administrative Procedure Act (the normal state rulemaking process).
The Delta Stewardship Council adopted these appeal procedures at its September 23, 2010, Council meeting. The appeals procedures are not codified in the California Code of Regulations, but still have the force of law.