Rulemaking
Through the Sacramento-San Joaquin Delta Reform Act of 2009, the Delta Stewardship Council is tasked with developing and adopting regulations needed to achieve the coequal goals. This process is established by state law and is formally known as Rulemaking. This process ensures that community voices are heard and have been considered. Only after prescribed periods of public notice can a regulation be adopted. And to ensure that the adopted regulation meets the original directives of California's legislature, an independent review is undertaken by the Office of Administrative Law before the regulation can take effect.
The Council welcomes public comments during active comment periods listed in the Notices linked below. Any other public comments can be made at the monthly, publicly noticed Council meetings. For assistance, please email regulatoryunit@deltacouncil.ca.gov.
Council Meeting Procedures Regulatory Package
- Notice of Proposed Action
- Initial Statement of Reasons
- Proposed Regulatory Text
- Economic and Fiscal Impact Statement (STD 399)
This document informs the public that the Council proposes to adopt changes to the California Code of Regulations, title 23, chapter 1 by adding article 2 (commencing with section 5000.10) after considering all comments, objections, and recommendations regarding the proposed action. The proposed regulations implement provisions of the Sacramento-San Joaquin Delta Reform Act of 2009 (Wat. Code, § 85000 et seq.) and the Bagley-Keene Open Meeting Act. (Gov. Code, § 11120 et seq.)
This document identifies the problem the Council intends to address through the proposed regulatory package.
This document is the regulatory text for the proposed package and notates any additions or deletions to the current California Code of Regulations.
This document details the economic and financial impacts of the proposed regulation.
Ecosystem Amendment Regulatory Package
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.
OAL Approved Final Regulations
These will be published in the California Code of Regulations and effective as of April 1, 2025.
Notice of 15 Day Public Comment Period
This document announces the initiation of a 15 day public comment period.
15 Day Public Comment Period Proposed Regulatory Text
This document shows proposed changes and additions to the regulatory text.
Appendix O
For assistance with these documents, please email ecosystemrulemaking@deltacouncil.ca.gov or call (916) 445-5511.
Final Statement of Reasons
This document summarizes and responds to public comments and describes any changes from the Initial Statement of Reasons.
Final Proposed Regulatory Text
This document shows the final proposed changes to the regulatory text.
Notice of Extension of Public Comment Period for Ecosystem Regulations
This document announces the extension of the public comment period initiated in the Notice of Preparation for the Ecosystem Regulations Amendment of Sections 5001 to 5015, inclusive, and the addition of section 5005.1, and Appendix 3A, Appendix 4A, and 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.
Changes without Regulatory Effect