Proposed Delta Plan Amendment: Policy G P1(b)(2)
In April 2018, as part of adopting the amendments to the Delta Plan, the Delta Stewardship Council (Council) directed staff to amend Delta Plan Policy G P1(b)(2) to clarify that all mitigation measures adopted and incorporated into the Delta Plan apply to covered actions. Accordingly, the Council also directed staff to initiate rulemaking to amend California Code of Regulations, title 23, section 5002 (b)(2) (hereafter referred to as section 5002 (b)(2)) to clarify that all mitigation measures adopted and incorporated into the Delta Plan apply to covered actions, and to make any technical changes required by the Office of Administrative Law in order to achieve any of the forgoing.
Staff have initiated the rulemaking to amend section 5002 (b)(2). Under the authority stated in the Sacramento-San Joaquin Delta Reform Act of 2009 (Delta Reform Act), Water Code sections 85001 through 85308, the Council proposes to amend section 5002 (b)(2) to incorporate all mitigation measures adopted and incorporated into the Delta Plan. Under the proposed amendment, for covered actions not exempt from the California Environmental Quality Act, State and local public agencies would be required to implement all mitigation measures adopted and incorporated into the Delta Plan (unless the measure(s) are within the exclusive jurisdiction of an agency other than the agency that files the certification of consistency), or substitute mitigation measures that the agency that files the certification of consistency finds are equally or more effective. Mitigation measures adopted and incorporated into the Delta Plan are listed in the MMRP, which is an appendix in the Delta Plan. The MMRP includes mitigation measures identified in the 2013 Delta Plan Program Environmental Impact Report (EIR) and the 2018 Delta Plan Amendments Program EIR.
Administrative Procedure Act Rulemaking Process
The public comment period for this proposed rulemaking commenced on November 30, 2018 and concludes on January 14, 2019. Any interested person, or her or his authorized representative, may submit written comments relevant to the proposed regulatory action.
The Council will also accept written and oral comments submitted on the day of the public hearing, either on January 24 or 25, 2019. The Council meeting is anticipated to convene and open to the public at 9:00 a.m. on January 24, 2019, and if necessary, will reconvene at 9:00 a.m. on January 25, 2019. This item may be considered at any time during the regularly scheduled meeting of the Council. The public hearing item will remain open as long as attendees are presenting testimony. Please consult the Council meeting agenda, which will be available at least ten (10) days before January 24, 2019, to confirm the date and time at which this item will be considered. The agenda will be posted at http://deltacouncil.ca.gov.
Please address written comments (e-mail is preferred) to: oal_amendGP1b2@deltacouncil.ca.gov
Anthony Navasero, P.E., Senior Engineer Erin Mullin, P.E., Senior Engineer
Delta Stewardship Council or Delta Stewardship Council
980 Ninth Street, Suite 1500 980 Ninth Street, Suite 1500
Sacramento, CA 95814 Sacramento, CA 95814
The following documents were submitted to the Office of Administrative Law and is assigned the notice file number: Z-2018-1120-01. They are available for download and review by clicking on the links provided below:
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.
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. Additionally, Attachment 1 is a supporting document to evaluate the questions addressed in the Economic and Fiscal Impact Statement as well as the Cost Analysis which briefly describes expected benefits of the proposed rulemaking, but not a benefit cost analysis.
This single page document reflects the text of the proposed regulation amendment.
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.